Respondent-Municipal Corporation, Mr. Yashraj Verma,
Digitally
signed by
ASHUTOSH
ASHUTOSH MISHRA
MISHRA Date:
2025.05.01
10:28:12
+0530
holding brief on behalf of Mr. Amrito Dase, Advocate for
the Respective respondent, Dr. Veena Nair, Advocate
holding brief on behalf of VVS Murthy, learned Senior
Advocate for Respondent No.9, Mr. Ramakant Mishra,
learned DSG along with Ms. Annapurna Tiwari, learned
Senior C.G.C. and Mr. Tushar Dhar Diwan, learned
counsel for the Union of India, Mr. Pankaj Agrawal,
learned counsel along with Mr. Raksit Tiwari, Advocate
for the respective respondents, Ms. Mamta Gendle,
learned counsel appearing on behalf of Mr. Ashok
Kumar Shukla, Advocate for the intervener, Dr. N.K.
Shukla, learned Sr. Adv. along with Mr. Devashish
Tiwari & Mr. Dinesh Bole, learned counsel for
Respondent No.13.
Mr. Ranvir Singh Marhas, learned counsel for
Respondent No.7/Municipal Corporation Bilaspur in
WPPIL No.18 of 2020 states that an affidavit has been
filed by the Commissioner, Municipal Corporation,
Bilaspur dated 24/04/2025 the relevant portion of the
said affidavit is reproduced hereinbelow:-
"4. That it is respectfully submitted that the
DPR (Detailed Project Report) submitted by
the Blue Stream Infra Development
Consultant Private Limited was not approved
by the Public Health Engineering Department
therefore the said company was directed to
prepare a revised DPR. The company has
provided the revised DPR on 10/02/2025
which is being examined by the Technical
Officials of the Corporation.
5. It is respectfully submitted that the
Technical Officials of the Corporation are likely
to be in a position to complete their
examination within a period of about a
fortnight from the date of submission i.e.
10/02/2025. If the specifications and technical
feasibility are found to be in order the
deponent shall immediately forward it to
Government for Administrative Sanction."
He would next submit that after due approval by
Mayor-in-Council in its meeting dated 07/04/2025, the
detailed project report submitted by the M/s Blue
Stream Infra Development Consultant, Pune
(Maharashtra) was presented before the General
Meeting. The General Body has also passed the
resolution and request has been made for
administrative approval and allocation of funds
amounting to Rs.103,68,73,288.00 has been made to
the State Urban Development Agency and on
17/04/2025 a communication has also been made.
Secretary, State Urban Development Agency
shall file its personal affidavit in the matter by the next
date.
Learned Advocate General states that he may be
allowed two weeks time to seek necessary instructions
in the matter and it is submitted that as soon as the
administrative approval is granted, the work would be
started.
In compliance of the Court's order dated
24/03/2025 & 22/04/2025 an affidavit has been filed by
the Secretary, Mines and Minerals Department, State of
Chhattisgarh, in WPPIL No.66 of 2023, the relevant
portion of the affidavit is filed hereinbelow:-
"3. It is submitted that after filing of the
affidavit dated 22/03/2025, the matter was
again listed before the Hon'ble Court for
hearing and observing that observing that the
Department has constituted a 6 member
committee to accord their suggestions with
respect to strengthening Section 71 of the
Chhattisgarh Minor Mineral Rules, 2015 with
respect to the action against the illegal
excavation / transportation / storage of minior
mineral and further going through the affidavit
filed by the Commissioner, Municipal
Corporation, Bilaspur, Hon'ble Court vide
order dated 24/03/2025 has again been
pleased to direct the Secretary, State of
Chhattisgarh, Department of Mines and
Mineral Resources, Raipur / deponent herein
to file personal affidavit in the matter.
4. That, in compliance of the order dated
24/03/2025 and 22/04/2025, the deponent,
having the highest regards and great respect
for the lawful authority of this Hon'ble Court as
well as its orders and directions most humbly
and respectfully submits that in the in hand,
on earlier occasions, an affidavit was filed on
22/03/2025 wherein it was informed to the
Hon'ble court that taking note of the fact that
the provisions contained in the various statute
books are not sufficient enough to curb the
problems of illegal excavation /
transportation /storage of minor mineral Sand
and others, the Govt. of Chhattisgarh,
Department of Mines and Mineral Resources
has constituted a 6 member committee to
accord their suggestions with respect to
strengthening Section 71 of the Chhattisgarh
Minor Mineral Rules,2015 with respect to the
action against the illegal
excavation/transportation / storage of minor
mineral. It is submitted that this 6 member
committee has been directed to submit its
suggestions within a period of 30 days so that
appropriate decision can be taken in the
matter. Copy of the order dated 19/03/2025
with respect to constitution of Committee is
already filed as Annexure A/7 in the earlier
affidavit dated 22/03/2025.
5.That, the deponent respectfully submits that
on 19/03/2025 the committee so constituted
has submitted its report to the Department of
Mines and Mineral Resources on 21/04/2025.
It is submitted that after receipt of the report
from the Committee, the deponent has
forwarded the same to the Directorate of
Geology and Mining vide letter dated
24/04/2025 with direction to give
suggestions / opinions, if any on the report of
the committee in the form of proposal for
brining necessary changes in the
Chhattisgarh Minor Mineral Rules, 2015
(hereinafter referred to as the Rules, 2015)
and the Chhattisgarh Mineral (Mining,
Transportation and Storage) Rules, 2009
(hereinafter referred to as the Rules, 2009).
6. That, the deponent respectfully submits
that as the Committee has proposed certain
changes in the Rules, 2015 and the Rules,
2009 for making the same more effective
towards curbing the menace of illegal mining,
excavation, transportation and storage of
mineral in the State of Chhattisgarh. It is
submitted that necessary changes as
suggested by the Committee will be made
after obtaining suggestions and further
comments from the Department of Law and
Legislative Affairs."
From perusal of the affidavit, it goes to show that
the State intends to take some strict measures against
the illegal mining and sand excavations and it is stated
that a Committee was constituted and a report has
been received and given to the Department of Mines &
Minerals on 21/04/2025 and the same has been
forwarded to the Directorate, Geological and Mining
vide letter dated 24/04/2025 with a direction to give
suggestions and opinions, if any, on the report of the
Committee for bringing necessary changes in the
Chhhattisgarh Mines & Minerals Rules, 2015 and the
Rules, 2009 and the learned Advocate General further
submits that as soon as the reports of the Committee
and suggestions & opinions, which is given by the
Directorate of Geological and Mining the Rules, if so
required may also be amended.
Mr. Ankit Pandey, learned counsel appearing for
the Petitioners in WPPIL Nos.18/2020 & WPPIL-21 of
2020 drawn attention of the Court towards the judgment
of the Apex Court in the matters of Kanwar Pal Singh
Vs. The State of Uttar Pradesh & Ors. {Criminal
Appeal No.1920 of 2019 (arising out of SLP (Crl.)
No.10707 of 2019)} & Jayant and Ors. Vs. The State
of Madhya Pradesh and Ors. {Criminal Appeal
Nos.824-825 (Arising from SLP (Crl.) Nos.2640-
2641/2020 and Criminal Appeal No.826 of 2020
arising from SLP (Crl.) No.4549/2020} wherein it has
been observed that the State is at liberty to take stern
action by lodging FIR in appropriate cases where there
is an illegal mining and excavation of sand just to curb
the illegal mining in the State of Chhattisgarh.
Learned Advocate General is directed to go-
through the said judgments and also to take
appropriate action in light of the same.
Let these matters be listed again on 08 th of May,
2025 for further monitoring of the matter.
SD/- SD/-
(Arvind Kumar Verma) (Ramesh Sinha)
Judge Chief Justice
ashu
