Tangkeswar Sonowal v. The State of Assam and 7 Ors

ORDER Date : 31.08.2024

Heard Mr. D Das the learned senior counsel assisted by Mr. S Khound, the learned counsel appearing on behalf of the petitioner and Mr. R. R. Gogoi, the learned counsel appears on behalf of the Forest Department, Government of Assam.

¶2The Petitioner in the instant proceedings has assailed the demand made by the Divisional Forest Officer, Dibrugarh Division vide the communication dated 24.10.2017 of an amount of 10% of the royalty on account of deposit to be made to the District Mineral Foundation Trust. The learned senior counsel appearing on behalf of the petitioner submitted that the said directions vide the impugned communication is unauthorized and unconstitutional, inasmuch as, the petitioner herein would be liable only to the extent stated in the agreement entered into on 28.12.2017 enclosed as Annexure-12 to the writ petition. He drew this Court's attention to clause 4 of the permit which is at Part III of the agreement and stated that the petitioner's liability is only to an additional amount of 10% of the due permit money along with amount of installments on account of dead rent or royalty towards the Fund.

¶3The learned senior counsel further drew the attention of this Court to Rule 2(l) of the Assam Minor Mineral Concession Rules 2013 (for short "the Rules of 2013") wherein the term 'fund' has been defined as the Mines and Mineral Development, Restoration and Rehabilitation Fund created and established under the Rules of 2013. The learned Senior Page No.# 4/5 Counsel, therefore, submitted that the impugned notice, therefore, is contrary to the law and for which the same requires to be set aside.

¶4Mr. R. R. Gogoi, the learned Standing counsel for the Forest Department submits that what has been withheld from the petitioner is an amount towards the fund in terms with Rule 2(l) of the Rules of 2013 and as per the mandate of Rule 58 of the said Rules of 2013. The learned Standing counsel for the Forest Department therefore submitted that in terms with the impugned communication dated 24.10.2017, no amount have been withheld from the Petitioner. Mr. R. R. Gogoi, the learned Standing counsel further submitted that the Petitioner being only a mining permit holder is not required to pay in terms with the impugned communication dated 24.10.2017.

¶5Taking into account the above submission, the learned counsel for the Petitioner also submits that the Petitioner would be liable only in respect to the 10% in terms with the Rule 2(l) of the Rules of 2013 read with Rule 58 of the said Rules of 2013 and further reiterates that in terms with the impugned communication dated 24.10.2017, the petitioner is not liable to pay any such deposit.

¶6This Court having taken note of the submissions and there being a consensus arrived to that affect that the Petitioner is only liable to pay in terms with Rule 2(l) read with Rule 58 of the Rules of 2013 and not liable in terms with the impugned communication dated 24.10.2017 and there being no deduction made in terms with the communication dated

24.10.2017, this Court disposes of the instant writ petition thereby setting aside the communication dated 24.10.2017 and further declaring that the petitioner is not liable to make payment in terms with the Page No.# 5/5 communication dated 24.10.2017.

¶7With above observations and directions, the instant petition stands disposed of.

¶8Interim order passed if any, stands vacated.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010223122018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6984/2018o TANGKESWARoSONOWALo S/OoSRIoSUNESWARoSONOWALo R/OoBHEKULAJAN,oBALIGHATo P.O.oANDoP.S.oTENGAKHATo PINoCODE-o786103o DIST.oDIBRUGARH,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo7oORS.o REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoENVIRONMENToANDoFOREST,oDISPUR,oGUWAHATIo-06,o ASSAM 2:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESTS oASSAM oREHABARI oGUWAHATIo-o781008 oASSAM. 3:THEoADDITIONALoPRINCIPALoCHIEFoCONSERVATORoOFoFORESTSo(T) oUPPERoASSAMoZONE o oKACHARIGHAT oGUWAHATI-o781001 oASSAM. 4:THEoADDITIONALoPRINCIPALoCHIEFoCONSERVATORoOFoFORESTSo(P) oOFFICEoOFoTHEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESTSoANDo Page No.# 2/5 HEAD OF FORESTS FORCES ASSAM REHABARI GUWAHATI- 781008 ASSAM. 5:THE CHIEF CONSERVATOR OF FORESTS (T) UPPER ASSAM ZONE KACHARIGHAT GUWAHATI - 781001 ASSAM. 6:THE CONSERVATOR OF FORESTS EASTERN ASSAM CIRCLE JORHAT NEAR CIRCUIT HOUSE JORHAT PIN- 785001. 7:THE DIVISIONAL FOREST OFFICER DIBRUGARH DIVISION NEAR DC COURT DIBRUGARH- 786003. 8:DISTRICT DEVELOPMENT CUM MEMBER SECRETARY DMF TRUST DIBRUGARH PIN - 786003 For the Petitioner(s) : Mr. D. Das, Sr. Advocate : Mr. S. Khound, Advocate For the Respondent(s) : Mr. R. R. Gogoi, SC, Forest Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH