Assam: Gauhati High Court Queries BTC for Not Taking Action against Contractor

Staff Reporter

GUWAHATI: A division bench of the Gauhati High Court comprising Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair directed the BTC to clarify ‘whether under the existing minor mineral rules or the guidelines, there is any provision for taking action against the erring contractor, who has flouted the conditions of the lease or has illegally extracted the minor minerals out of the scope of the contract, or not.’

Hearing a PIL (70/2021), the bench said, “It is very strange that though the respondents have found that the contractor indulged in illegal mining, no panel action has been taken against him and the plea taken for not taking any action against the contractor is that the contract period has already been over.”

The PIL petition is filed by a petitioner essentially raising a grievance against a contractor alleging that he indulged in illegal mining out of the scope of the contract granted to him for collecting stones, sand, and gravel from Rowta Sand & Gravel Mahal. Later on, 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.

Mr. D. Gogoi, learnt standing counsel, Forest, appearing for the state, made a statement before this Court on May 13, 2024, that the guidelines had been framed and were already in place, and the same will be implemented as soon as it is approved by law.

It is also submitted that in the new rules, several provisions have been made to stop illegal mining in the State of Assam, and it is expected that those provisions will take care of the menace of illegal mining. D. Gogoi prayed for some time to file an additional affidavit to this effect.

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