Sunil Kumar Nawik v. State of Manipur and 11 Others

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]

On 2.07.2019, this court appointed Shri A. Mohendro, Advocate and Ms. Harichhaya, Advocate as amicus curiae to assist the court.

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. Page 3

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]

The applicant have not produced materials to support their contention except copies of jamabandi. This court allow the application with the direction that

¶1the 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

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

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

¶4the direction above shall complied with within 2 weeks from the date of receipt of copy of this order. [6]

Various misc. cases were filed seeking for releasing the seized 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. Page 4

[7]

Vide order dated 02nd November 2022 the Governor of Manipur 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. [8]

Vide order dated 18th November, 2022 the Governor of Manipur 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 : Table – A Sl.No. Misc. Application No. Name of the vehicle owner FIR No. Types of vehicles and registration No.

¶1MC (PIL) No. 8 of 2022 Salgunlen Kipgen FIR No. 4 (1) 2023 SEK-PS TataTruck – MN04A 8467

¶2MC (PIL) No. 11 of 2022 Lentinlan Hmar FIR No. 4 (1) 2023 SEK-PS Tata Truck – MN05 3642

¶3MC (PIL) No. 9 of 2022 Leishangthem Gunajit Meitei FIR No. 4 (1) 2023 SEK-PS Tata Truck – MN01 1013

¶4MC (PIL) No. 10 of 2022 Paominlen Kilong FIR No. 4 (1) 2023 SEK-PS Tata Truck– MN02G 2887

¶5MC (PIL) No. 14 of 2022 Arambam Manojit Singh FIR No. 01

(01) 2023 APS TataTruck – MN03 0884

¶6MC (PIL) No. 13 of 2022 Thokchom Shyamo Singh FIR No. 01

(01) 2023 APS Tata Truck – MN04A 7495

¶7MC (PIL) No. 19 of 2022 Aribam Ajit Sharma FIR No. 01

(01) 2023 Tata Tipper Truck – MN01 Page 5

APS 9884

¶8MC (PIL) No. 20 of 2022 Keisham Dhiren Singh FIR No. 45

(10) 2022 YPK-PS Tractor – MN04A 5406

¶9MC (PIL) No. 17 of 2023 Shri Sunil Kumar Nawk FIR No. 45

(10) 2022 Tata Tripper

(HYVA) Registration no. Nil, Engine No. 81F84489976

[10]

List of Misc. application which has seized vehicles without FIR are : Table - B Sl.No. Misc. Application No. Name Vehicle Owner Types of vehicles and registration No.

¶1MC (PIL) No. 23 of 2022 Mrs. Songngaihvung

i) JCB 3DX SUPER 4WD Chassis no. HARCDXSUJO2855922 Engine no. H00240687

ii) Massey Ferguson Tractor Chassis no. MEA908A5FJ1193570 Engine No. S325.1J8206

¶2MC (PIL) No. 21 of 2022 Laimayum Dhana Singh JCB 3DX SUPER registration no. MN06T2154

¶3MC (PIL) No.22 of 2022 Mrs. Ngainunhoih Sonalika Tractor Cassis no. BZVSH899242S3 Engine no. 3105ELU93K890830F20

¶4MC (PIL) No. 17 OF 2022 Shri Lamminthang Misao JCB Excavator Registration No. MN030964

¶5MC (PIL) No. 3 of 2021 Shri Laishram Rajen Singh Tata Truck Registration No. MN-03/0484

¶6MC (PIL) No. 2 Of 2021 Shri Thangjam Ragu Singh JCB 3DX Registration No. A/F, Engine serial No. 4H-Page 6

2152/0702309 Chassis No. 1256464 C 2227

¶7MC (PIL) No. 1 of 2021 Shri Leitanthem Dolendro Singh Tata Truck Registration No. MN05-3775

¶8MC (PIL) No. 16 OF 2023 Laimayum Dhana Singh JCB 3DX SUPER registration No. MN06T2154

[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:

¶1the 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

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

¶3the 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.

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

¶5On submission of the requisite undertaking and proof of deposit of amount as indicated above, the vehicles shall be released to the owners/applicants Page 7

[13]

List the PIL along with the pending application, if any, on

30.11.2023.

JUDGE

JUDGE

FR/NFR Suchitra KH. JOSHUA MARING Date: 2023.10.20 17:22:45 +05'30'

Page 1 IN THE HIGH COURT OF MANIPUR AT IMPHAL PIL No. 5 of 2019 with MC(PIL) No. 10 of 2022 with MC(PIL) No. 11 of 2022 MC(PIL) No. 1 of 2021 with MC(PIL) No. 13 of 2022 with MC(PIL) No. 14 of 2022 with MC(PIL) No. 17 of 2022 with MC(PIL) No. 19 of 2022 with MC(PIL) No. 20 OF 2022 with MC(PIL) NO. 21 OF 2022 with MC(PIL) NO. 2 OF 2021 with MC(PIL) NO. 22 OF 2022 with MC(PIL) NO. 23 OF 2022 withMC(PIL) NO. 3 OF 2021 with MC(PIL) NO. 58 OF 2020 with MC(PIL) NO. 8 OF 2022 with MC(PIL) NO. 9 OF 2019 with MC(PIL) NO. 9 OF 2022 with MC(PIL) NO. 16 OF 2023 with MC(PIL) NO. 17 OF 2023 In Re Preservation of Thoubal River ... Applicant/s -Versus- State of Manipur & 10 ors. ... Respondent/s BEFORE HON'BLE MR. JUSTICE M.V. MURALIDARAN HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA For the Applicant : Mr. HS Paonam, Sr. Adv. assisted by Mr. S. Gunabanta, Mr. Karung H. Kom, Mr. M. Rakesh, Mr. CH. Momon, Mr. Serto T Kom, Mr. I Denning, Mr. Th. Babloo, Miss Geetarani Waikhom, Mr. Kh. Tomba, Mr. Changkhomba, Mr. U Augusta, Mr. M. Tijendra, Mr. K. Rabei, Mr. N. Premkumar Singh, Mr. LN. Ngamba, Adv. For the respondents : Mr. Lenin Hijam, learned AG assisted by I. Imri, Adv. Amicus Curiae : Shri A. Mohendro and Ms. Harichhaya, (AC) Date of Hearing : 09-02-2023, 05-09-2023 Page 2 Date of Judgment &