Sahabul Islam, v. The State of Assam and 11 Ors

ORDER Date : 09-05-2023 Heard Mr. BD Goswami, learned counsel for the applicant/petitioner. Also heard Mr. RR Gogoi, learned Standing Counsel, Forest Department.

¶2The prayer of the applicant/petitioner is to allow him to participate in the short e-auction notice dated 12.04.2023 pertaining to the Domoni River Sand Mahal No. 1. The applicant's counsel submits that the applicant/petitioner is presently having settlement of the Dudhnoi River Sand Mahal No.3(B). Though the applicant/petitioner had given the first kist money with regard to the Dudhnoi River Sand Mahal No.3(B) on October 2022, the applicant/petitioner has not paid the 2nd kist money, which was due in January, 2023 and thereafter.

¶3The applicant's counsel submits that due to scarcity of sand in his Mahal, the applicant/petitioner had submitted letter dated 10.12.2022 to the respondent No. 2 to allow the applicant/petitioner to withdraw from the settlement of the Dudhnoi River Sand Mahal No.3(B). The applicant's counsel had also submitted a subsequent letter dated 04.01.2023 to the respondent No. 5 stating that as there was no sand left in the Mahal, he should be allowed to extract sand by extending the area of the Mahal for a distance of 15 kms. The Page No.# 4/5 applicant's counsel submits that the two representations/letters submitted by the applicant/petitioner to the State respondents have not been decided till date, inasmuch as, no communication has been given or addressed to the applicant/petitioner with regard to the above two representations/letters.

¶4The applicant's counsel submits that the applicant/petitioner has prayed for allowing him to participate in the online auction/tender process of the Domoni River Sand Mahal No. 1. However, in view of the fact that the State respondents have not taken any decision on the petitioner's two representations/letters and keeping in view that the applicant/petitioner has not paid the 2nd and 3rd kist of Dudhnoi River Sand Mahal No.3(B) till date, the applicant/petitioner apprehends that his offer/bid may not be accepted on the ground of non-payment of kist money.

¶5Mr. RR Gogoi, learned Standing Counsel, Forest Department submits that no agreement has been signed with the applicant/petitioner till today with regard to the extraction of sand from the Dudhnoi River Sand Mahal No.3(B) in terms of the Assam Minor Mineral Concession Rules, 2013.

¶6On considering the fact that no decision has been communicated to the applicant/petitioner with regard to his two representations/letters, for withdrawing from the settlement of the sand mahal or for granting an extended area for continuing with the extraction of sand, this Court is of the view that the applicant/petitioner should be allowed to participate in the tender process for extraction of sand from the Domoni River Sand Mahal No. 1. The selection of the applicant/petitioner with regard to the above tender process shall be subject to the final decision to be taken in WP(C) No. 214/2023.

¶7Mr. RR Gogoi, learned Standing Counsel, Forest Department shall Page No.# 5/5 communicate the contents of this order to the DFO, Goalpara.

¶8Interlocutory application stands disposed of accordingly.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010095022023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1176/2023o SAHABULoISLAM,o SONoOFoLATEoSFIYARoRAHMAN,o R/O-oPACHIMoMATIA,o P.S.oMATIA,oPIN-o783125,o DISTRICT-oGOALPARA,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo11oORSo REPRESENTEDoTHROUGHoTHEoPRINCIPALoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oFORESToANDoENVIRONMENToDEPARTMENT,o SACHIVALAYA,oDISPUR,oGUWAHATI-o781006. 2:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESTSoANDoHEADoOFo FORESToFORCE oASSAM oPANJABARI oGUWAHATI-o781037. 3:THEoADDL.oPRINCIPALoCHIEFoCONSERVATORoOFoFORESTo(T) oLOWERoASSAMoZONE oBASISTHA oGUWAHATI-o781029. 4:THEoCHIEFoCONSERVATORoOFoFORESTSo(T) oCENTRALoASSAMoCIRCLE oGUWAHATI-o781029. 5:THEoDIVISIONALoFORESToOFFICERo(T) oGOALPARAoDIVISION oGOALPARA oDISTRICT-oGOALPARA. PageoNo.#o2/5 6:THEoSTATEoENVIRONMENToIMPACToASSESSMENToAUTHORITY oASSAM oREPRESENTEDoTHROUGHoTHEoMEMBERoSECRETARY-CUM-SECRETARYo TOoTHEoGOVERNMENToOFoASSAM ENVIRONMENToANDoFORESToDEPARTMENT DISPUR oGUWAHATI-o781006. 7:THEoUNIONoOFoINDIA oREPRESENTEDoTHROUGHoTHEoSECRETARY MINISTRYoOFoENVIRONMENT oFORESToANDoCLIMATEoCHANGE INDIRAoPARYAVARANoBHAWAN JORBAGHoROAD oNEWoDELHI-o110003. 8:TAPANoCHANDRAoDAIMARY oS/O-oSHAILENDRAoDAIMARY P.O.oANDoP.S.oDUDHNOI DISTRICT-oGOALPARA oPIN-o783124. 9:DEEPJYOTIoBARUAH oR/O-oDAMRAoPATPARAoVILLAGE P.O.-oDAMRA oDUDHNOIoREVENUEoCIRCLE DISTRICT-oGOALPARA oPIN-o783122. 10:BIDYANoRAJBANGSHI oR/O-oDAMRAoPATPARAoVILLAGE P.O.oDAMRA oDUDHNOIoREVENUEoCIRCLE DISTRICT-oGOALPARA oPIN-o783122. 11:JAGANNATHoNATH oR/O-oGAJIAJANIoVILLAGE P.O.-oMORNOI oP.S.-oMORNOIo DISTRICT-oGOALPARA oPIN-o783101. 12:GIRISHoNATH oR/O-oDAHIKATAoVILLAGE P.O.-oDAHIKATA oP.S.oMATIA Page No.# 3/5 DISTRICT GOALPARA PIN- 783101 Advocate for the Petitioner : MR. J M GOGOI Advocate for the Respondent : SC, FOREST BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA