Manipur High Court · 2023

Shri A. Mohendro and Ms. Harichhaya, (AC) Date of Hearing : 09-02-2023, 05-09-2023 MC(PIL) No. 10 of 2022 with……. Date of Judgment & Order :

20.10.2023 ORDER (CAV) [1] This PIL was taken up by this court on the basis of a letter dated 24-01-2019 addressed to the Hon’ble the Chief Justice High Court of Manipur by the Thoubal River Conservation Committee, Thoubal. [2] Their grievances are inter – alia that this Thoubal River has been feeding a large number of villages with water since the time immemorial but because of the sand mining, the river is running muddy and turbid rendering its water inconsumable for the people. Its turbid water obstructs sunlight from reaching the bottom of the river resulting in the death of plant and zooplankton and their decaying remains attract bacteria making the water rot and smelly. The biological, chemical and geographical structures of the river get severely damaged. The polluted water makes the people prone to water borne diseases. Despite their repeated requests being made to the concerned authorities, had fallen on their deaf ears. Accordingly, this court was approached with certain as detailed in the letter. [3] and Ms. Harichhaya, Advocate as amicus curiae to assist the court. On 2.07.2019, this court appointed Shri A. Mohendro, Advocate After having heard the learned counsel appearing for the parties and having considered the gravity of the problems being faced by the people of Thoubal and the people in general, this Court expanded the scope of this PIL to cover all the rivers in the State and this Court, by way of an interim measure, issued the following directions: (a) There shall be a total ban in respect of unauthorised stone quarry, sand mining, river pollution etc. in all the rivers in the State and no one shall carry out any such activities towards stone quarry, sand mining, river pollution etc., except in case where a licence or lease is granted in accordance with law;” [4] On 20.11.2019 an application (MC PIL NO. 6/2019) has been filed by the applicants praying to issuing a direction to the authority concerned to release their seize vehicles. MC(PIL) No. 10 of 2022 with……. One of the submissions made by the applicants is that they had been doing the business of selling sand and stone to the public after collecting the same from the homestead lands belonging to private individuals who reside at Yairipok, Manipur. [5] contention except copies of jamabandi. The applicant have not produced materials to support their This court allow the application with the direction that

1. the applicants shall not carry on the business of lifting sand and stone for selling until the permit is issued by the state government in accorded with law and

2. the applicants shall co-operate with the investigation.

3. the applicants shall deposit a sum of rs. 5000/- each

4. the direction above shall complied with within 2 weeks from the date of receipt of copy of this order. Various misc. cases were filed seeking for releasing the seized [6] vehicles and the case of the petitioners/applicants are that the vehicles were seized by the respondents without registrating FIR against them under the Manipur Minerals (Prevention of Illegal Mining, Storage & Transportation) Rules, 2018. Mr. Lenin Hijam, learned AG, Manipur, submitted that as per the Act, the relief sought for by the applicants ought to have been filed before the special Court. Respondents are directed to file an affidavit whether any FIR was registered or initiate criminal proceedings against the applicants and the said affidavit is to be filed on or before 23.02.2023. In case the respondents have not registered any FIR or initiate criminal proceedings, as stated above, this court will consider the matter of releasing the vehicle on the next hearing. Considered the submissions of the learned counsels for the parties and perused the documents on record including the original file submitted by the State Government. MC(PIL) No. 10 of 2022 with……. Vide order dated 02nd November 2022 the Governor of Manipur [7] in exercising power conferred by sub-section (1) of section 30B of the Mines and Minerals (Development and Regulation ) Act, 1957 has constituted a Special Court (MMDR) Manipur, for the purposes of providing speedy trial of offences. Vide order dated 18th November, 2022 the Governor of Manipur [8] in exercising power conferred by sub-section (2) of section 30B of the Mines and Minerals (Development and Regulation ) Act, 1957 and after consultation with the Hon’ble High Court of Manipur, designate the District and Session Judge, Thoubal as Judge of the Special Court (MMDR), Manipur. [9] List of Misc. application which has seized vehicles with FIR are : Sl.No. Misc. Application No. Table – A Name of vehicle owner FIR No. MC (PIL) No. 8 of 2022 Salgunlen Kipgen FIR No. 4 (1) 2023 SEK- PS Lentinlan Hmar FIR No. 4 (1) MC (PIL) No. 11 of 2022 MC (PIL) No. 9 of 2022 Leishangthem Gunajit Meitei MC (PIL) No. 10 of 2022 Paominlen Kilong MC (PIL) No. 14 of 2022 Arambam Manojit Singh MC (PIL) No. 13 of 2022 Thokchom Shyamo Singh

7. MC (PIL) No. 19 of 2022 Aribam Ajit Sharma 2023 SEK- PS FIR No. 4 (1) 2023 SEK- PS FIR No. 4 (1) 2023 SEK- PS FIR No. 01 (01) 2023 APS FIR No. 01 (01) 2023 APS FIR No. 01 (01) 2023

6. Types vehicles registration No. TataTruck – MN04A 8467 Tata Truck – MN05 3642 Tata Truck – MN01 1013 Tata Truck– MN02G 2887 TataTruck – MN03 0884 Tata Truck – MN04A 7495 Tata Tipper Truck – MN01 MC(PIL) No. 10 of 2022 with……. MC (PIL) No. 20 of 2022 Keisham Dhiren Singh MC (PIL) No. 17 of 2023 Shri Sunil Kumar Nawk APS FIR No. 45 (10) 2022 YPK-PS FIR No. 45 (10) 2022 9884 Tractor – MN04A 5406 Tata Tripper (HYVA) Registration no. Nil, Engine No. 81F84489976 List of Misc. application which has seized vehicles without FIR

9. [10] are : Sl.No. Misc. Application No. MC (PIL) No. 23 of 2022 Table - B Name Owner Vehicle Types of vehicles and registration No. Mrs. Songngaihvung i) JCB 3DX SUPER 4WD Chassis no. HARCDXSUJO2855922 Engine no. H00240687 MC (PIL) No. 21 of 2022 Laimayum Singh Dhana MC (PIL) No.22 of 2022 Mrs. Ngainunhoih MC (PIL) No. 17 OF 2022 Shri Misao Lamminthang MC (PIL) No. 3 of 2021 MC (PIL) No. 2 Of 2021 Shri Laishram Rajen Singh Shri Thangjam Ragu Singh 3DX Chassis SUPER no. Ferguson no. ii) Massey Tractor MEA908A5FJ1193570 Engine No. S325.1J8206 JCB registration MN06T2154 Sonalika Tractor Cassis BZVSH899242S3 no. Engine no. 3105ELU93K890830F20 JCB Registration MN030964 Tata Truck Registration No. MN-03/0484 JCB 3DX Registration No. A/F, Engine serial No. 4H- Excavator No.

6. MC(PIL) No. 10 of 2022 with…….

8. MC (PIL) No. 1 of 2021 MC (PIL) No. 16 OF 2023 Shri Dolendro Singh Laimayum Singh Leitanthem Dhana 2152/0702309 Chassis No. 1256464 C 2227 Tata Truck Registration No. MN05-3775 JCB registration MN06T2154 SUPER No. 3DX [11] In the circumstances, it is directed that those cases mentioned in Table – A in which FIRs are lodged, the special court {Special Court (MMDR), Manipur} which has been constituted for the purposes of providing speedy trial of offences for contravention of the provisions of sub-section (1A) of section4, shall heard such matter and disposed of accordingly. Applicants are directed to approach the Special Court for their relief. [12] Regarding those cases mentioned in Table – B when FIRs have not been registered, this court is of the view that these applications can be considered in term of the undertaking given by them in the form of affidavit. Accordingly, the applications stand disposed of with the following directions:

1. the applicants shall not carry on the business of lifting sand and stone for selling until the permit is issued by the state government in accorded with law and

2. the applicants shall co-operate with the investigation.

3. the applicants shall deposit a sum of Rs. 10,000/- (Ten Thousand only ) for Truck and Tractor and Rs. 20,000/- (Twenty Thousand only) for Excavator and earth mover vehicles such as JCB, Poclain, etc to the Manipur High Court Legal Services Committee.

4. the direction above shall complied with within 2 weeks from the date of receipt of copy of this order.

5. On submission of the requisite undertaking and proof of deposit of amount as indicated above, the vehicles shall be released to the owners/applicants MC(PIL) No. 10 of 2022 with……. [13] 30.11.2023. List the PIL along with the pending application, if any, on JUDGE JUDGE FR/NFR Suchitra KH. JOSHUA MARING KH. JOSHUA MARING 17:22:45 +05'30' MC(PIL) No. 10 of 2022 with…….