Staff Reporter
Guwahati: The Gauhati High Court today expressed the hope that the Assam Minor Mineral Concession Rules, 2024, will soon be implemented in full letter and spirit to check the menace of illegal mining in Assam.
This was stated in a case (PIL/70/2021) relating to the violation of the terms and conditions by the contractor, who was granted a mining contract under Dhansiri Forest Division, Udalguri, allowing him to excavate the mineral concession from Rowta Sand & Gravel Mahal.
The division bench of Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair noted that the contractor has breached the terms and conditions of the mining lease, as made out against him in an inspection report, and expected the BTC to take action against him in accordance with the law.
The PIL petition was filed in relation to a settlement for sand and gravel mining in favour of the contractor. A settlement order was issued granting a mining contract under Dhansiri Forest Division, Udalguri, allowing the contractor to excavate the mineral concession from Rowta Sand & Gravel Mahal. It is contended in the PIL petition that as per the conditions of the mining lease, the contractor was allowed to excavate the minerals for a period of five years from the date of settlement, and he was allowed to excavate up to a certain depth and was also restrained from extraction of minerals outside the mining lease area.
During the course of the hearing, the scope of the PIL was extended, and the State Government was directed to frame comprehensive guidelines to check the illegal mining in the State of Assam. In response to this, it was stated by the Standing Counsel, Forest Department, on February 10, 2025, that the state government has already drafted new rules titled the Assam Minor Mineral Concession Rules, 2024, for the purpose of putting a check on illegal mining, and the same will be implemented soon.
The Court also took note of an inspection report prepared by the Additional Principal Chief Conservator of Forests (Administration & Vigilance), Assam, wherein it is mentioned that allegations levelled against the contractor are found to be true and he had violated the conditions of the mining lease.
Today, the Standing Counsel of the Forest Department submitted that as per Rule 56 of the Assam Minor Mineral Concession Rules, 2013, action can be taken against a contractor for violating the conditions of the lease, as the contract period is already over. Moreover, the Rules 2013 provide that an individual firm or company can be debarred for a period of five years for the grant of fresh mineral concessions in the state in case there is any breach of the terms and conditions of the mining lease.
Taking into consideration the overall facts and circumstances of the case, the court observed that no further order is required to be passed in this writ petition. However, it is hoped that the State Government shall implement the guidelines framed by it in full letter and spirit to check the menace of illegal mining in the State and that the Assam Minor Mineral Concession Rules, 2024, will soon be implemented in the State. Also, that the BTC is expected to take action against the said contractor in accordance with the law, within a period of six weeks from today. With these observations, the PIL petition was closed.
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