Ram Saroj Kushwaha And Ors vs State Of Madhya Pradesh And Ors

These two Original Applications were received by this Tribunal after the original petitions filed before the Hon'ble High Court of Madhya Pradesh at Jabalpur came to be transferred to this Tribunal in Writ Petition Nos. 1772/2012 Ram Saroj Kushwaha Vs. State of M.P. & 6 Ors & 20642/2011 Gorelal Tamrakar Vs. State of M.P. & 6 Ors. vide the Hon'ble High Court order dtd. 02.01.2014. After receipt of the aforesaid Writ Petitions on transfer from the High Court, they were registered as Original Application Nos. 14/2014 & 45/2014 respectively. Upon being registered and listed in Court this Tribunal directed issuance of notice to the parties including the Applicant and Respondents. The Standing Counsel for the State was directed to accept notice. However in both these cases the Applicants have chosen not to appear except on 09.07.2014 and 04.08.2014 in O.A.No. 14/2014.

The issue which has been raised in the Writ Petitions pertains to alleged illegal mining in the District Satna (M.P.) including mining in the Protected Forest (in short 'PF') by various mining lease holders to whom mining leases for flag stone mines had been allotted. It was also alleged by the Applicants that on 04.10.2011 an enquiry report was submitted by the Addl. Principal Chief Conservator of Forests (Forest Land Records) (in short 'Addl. PCCF') (M.P.) wherein irregularities in mining operations in the forest area having been prima facie found, disciplinary action against the erring forest officers was recommended as on the basis of the said report and findings made therein. The prayer made in the petitions inter alia was for issuing a direction to restrain the aforesaid illegal mining activities in the PF in District Satna as also for initiation of action against the officers responsible for allowing illegal mining based upon the report dtd. 04.10.2011 of the Addl. PCCF. This Tribunal after having registered the aforesaid two petitions formulated the following points for consideration and sought the response from the State Government. The points formulated are as under :

'1. Whether all the illegal mining activities which are identified in the report dtd. 04.10.2011 had been ordered to be closed.

Whether any action has been initiated against the persons who were identified and found to be carrying out illegal mining activities in the form of penalizing them and recovering for having caused damage to the protected forest in the forest areas.

Whether any action had been initiated against the erring officers and if so the progress made in each of the cases against each individual officers mentioned in the report of the Addl. PCCF dtd. 04.10.2011.'

As far as the first issue and the question formulated pertaining the action taken against the illegal mining activities identified in the report dtd. 04.10.2011 is concerned, the Learned Counsel for the State Government has submitted a compliance report dated 29.10.2014 wherein it has been stated that there were in all 49 mining leases of flag stone in the two Tehsils i.e. Uchehera and Nagod in District Satna in Madhya Pradesh reference of which finds place in the enquiry report dtd. 04.10.2011 of the Addl. PCCF. It is submitted that after issuing notices orders for cancellation of all the 49 mining leases were issued and accordingly all the 49 mining leases stand cancelled, details of which, have been filed as Annexure RR-A by way of tabular statement along with a letter dtd. 21.10.2004 from the Collector (Mines), District Satna. It has however been stated by the Learned Counsel that out of the 49 mining leases cancelled the State has information that 14 lease holders have approached the Hon'ble High Court by means of Writ Petitions against the orders of cancellation of their mining leases and the writ petitions are pending. Thus, so far as the first issue as to what action the State has taken against the illegal mining activities is concerned, it has been clearly stated that the State Government has cancelled all the 49 mining lease in both these Tehsils i.e. Uchehera and Nagod District Satna who were found to be involved in illegal mining contrary to the terms and conditions of the leases as also found to be carrying out mining operations in the PF beyond the mining leases sanctioned to them.

As regards the second question regarding initiation of proceedings and taking action against the erring officers about whom mention has been made in the report of Addl. PCCF dtd. 04.10.2011, the Learned Counsel for the State Government had submitted affidavit of Shri Nizam Qureshi, Conservator of Forests, Satna dated 11.09.2014 along with appended chart which indicates that disciplinary proceedings have been initiated against 46 officers of Forest Department which includes 4 Divisional Forest Officers, 4 Sub-Divisional Forest Officers, 4 Forest Range Officers, 5 Dy. Range Officers, 9 Foresters and 20 Forest Guards. In some cases proceedings have been concluded and in some cases they are still pending. The PCCF, MP Forest Department appeared in person before the Tribunal on 11.09.2014 and explained the measures taken by the Forest Department in preventing illegal mining in the Forest Areas and also the problems faced by the Department in forest protection. However, the PCCF to ensure that the disciplinary proceedings initiated against the officers and staff are expedited and disposed immediately.

As regards the question of quantifying the loss of revenue to the State and damage to the forest as a result of such illegal mining activities and recovering the said loss of revenue and quantify the damage as also the cost for restoration of the forest, we find that before the Hon'ble High Court a statement had been filed in February, 2012 only with regard to loss of revenue. However, we would direct that the officers of the Forest Department along with a senior officer of the Mines Department of Government of MP shall jointly carry out the aforesaid task of identifying and quantifying the loss as a result of illegal mining as well as the cost in terms of damage that occurred to the PF as also quantifying the cost that is required for restoration of the forest and the mining area from each of the 49 mining lease holders against whom action has been initiated by way of cancellation of their leases on the basis of the aforesaid grounds. The aforesaid task shall be completed within a period of 4 months from today. For carrying out the aforesaid task notice to each of the 49 mining lease holders shall be issued to appear on the appointed time and place and participate in the aforesaid process. It is made clear that if the lease holders do not appear on the appointed time, date and place the officers of the Mining and Forest Department shall be free to proceed exparte in the matter and the amount so quantified shall be liable to be recovered from the each of the mining lease holders. The task of identifying and quantifying and calculating the loss and damage shall be completed within a period of four months from today.

In view of the above, we find that no further directions are required to be issued in the matter. These two Original Application Nos. 14/2014 & 45/2014 accordingly stand disposed of. No order as to costs.