Nogor Megu and Anr v. The State of Ap and 9 Ors

ORDER Date : 02.03.2023 (N. Tagia, J.)

Heard Mr. S. Mow, learned counsel for the petitioners. Also heard Mr. S. Tapin, learned Senior Government Advocate representing respondent Nos. 1 to

7.

The grievance of the petitioners in this Public Interest Litigation(PIL) is that two stone crusher units set up by the respondent Nos. 9 & 10 respectively at Ayeng village Mebo, East Siang District, Pasighat is causing pollution in the area because the two stone crusher units were set up in violation of the Arunachal Pradesh Stone Crusher Guidelines, 2012, more particularly guidelines No. 6.1(C), 6.1(D), 6.1(E), 6.1(F), 6.1(G) & 6.1(H) issued by the Department of Geology and Mining, Government of Arunachal Pradesh.

During the course of hearing, the learned counsel for the petitioner, has not been able to apprise this Court as to who is the competent authority to issue the license under the relevant law or the Arunachal Pradesh Stone Crusher Guidelines, 2012 preferred by Mr. Mow, which is annexed as annexure-A to the writ petition.

Mr. Mow, learned counsel for the petitioner, however, submits that Page No.# 4/4 Secretary, Geology and Mining, Government of Arunachal Pradesh may be the authority competent to issue license for setting up of a stone crusher unit.

In view of the above and having found the PIL filed to be lacking in material particulars except to state that stone crusher unit set up by the respondent Nos. 9 & 10 are causing pollution in the area for having set up the stone crushers in violation of the Arunachal Pradesh Stone Crusher Guidelines, 2012. The Arunachal Pradesh Stone Crusher Guidelines, 2012, does not appear to have any statutory basis.

Accordingly, we are inclined to dispose of this PIL in the stage of motion hearing itself by directing the Secretary, Geology and Mining, Government of Arunachal Pradesh, to look into the grievance of the petitioners as highlighted in this petition. To enable the Secretary, Geology and Mining, Government of Arunachal Pradesh to examine the grievance of the petitioners, the petitioners shall submit a representation accompanied by a copy of the writ petition along with the annexures appended thereto, to the Secretary, Geology and Mining of Government of Arunachal Pradesh.

The petition stands disposed of, in terms above.

JUDGE JUDGE Comparing Assistant

Page No.# 1/4 GAHC040001862023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : PIL 3/2023 1:Nogor Megu and Anr. S/o Shri Makkir Megu, R/o Village Ngopok, PO/PS Mebo, East Siang District, Arunachal Pradesh. 2: Kangkim Lego S/o Shri Jolut Lego R/o Village Ayeng PO/PS Mebo East Siang District Arunachal Pradesh VERSUS 1:THE STATE OF AP and 9 Ors. Represented by the Chief Secretary, Govt. of Arunachal Pradesh, Civil Secretariat, Itanagar 791111 2:The Secretary Department of Geology and Mining Govt. of Arunachal Pradesh Itanagar 791111 3:The Member Secretary Arunachal Pradesh State Pollution Control Board Naharlagun 791110 A.P 4:The Deputy Commissioner Pasighat East Siang District AP Page No.# 2/4 5:The Additional Deputy Commissioner (ADC) Mebo East Siang District 791104 AP 6:The Divisional Forest Officer (DFO) Pasighat Forest Division East Siang District 791102 AP 7:The Assistant Mineral Development Officer (AMDO) Dept. of Geology and Mining Mebo East Siang District A.P PIN 791102 8:the Chairman Geo Appraisal Committee Mebo East Siang District AP PIN 791102 9:M/s Balaji Minerals Stone Crusher Unit Proprietor Shri Ojing Darin S/o Token Darin Mebo Village Mebo Village Mebo East Siang District AP PIN 791102 10:M/s RKC Infra Stone Crusher Unit Proprietor Shri Pelsem Tayeng S/o Lt. Opel Tayeng Dumpop Ayeng Village Mebo East Siang District A.P pin 79110 Advocate for the Petitioner : Sunil Mow Advocate for the Respondent : GA (AP) Page No.# 3/4 BEFORE HONBLE MR. JUSTICE NANI TAGIA HONBLE MRS. JUSTICE MITALI THAKURIA