High Court of Meghalaya
Shri. Wesley Doloi vs . State Of Meghalaya & Ors. on 25 February, 2022
Serial No. 02
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C) No. 42 of 2022 Date of Order: 25.02.2022
Shri. Wesley Doloi Vs. State of Meghalaya & Ors.
Coram:
Hon'ble Mr. Justice H. S. Thangkhiew, Judge
Appearance:
For the Petitioner/Appellant(s) : Ms. M. Arora, Sr. Adv. with
Mr. P. Yobin, Adv.
For the Respondent(s) : Mr. A. Kumar, AG. with
Ms. S. Laloo, GA.
Mr. A.H. Kharwanlang, GA.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
1. Matter taken up via Hybrid Mode.
2. Heard Ms. M. Arora, learned senior counsel assisted by Mr. P.
Yobin, learned counsel on behalf of the petitioner who submits that this
petition is directed against the impugned Auction Sale Notice dated 14 th
February, 2022 which was issued by the respondent No. 2, of seized movable
properties including stone crushers and other articles. Learned senior counsel
further submits that the seized implements were not engaged in any unlawful
activity, inasmuch as, the same were being put to use on the basis of valid
quarrying permits issued to the petitioner, which include a Mining lease,
Consent to Establish and Consent to Operate. The publication of the Auction
Notice, the learned senior counsel contends is therefore, without the due
process of law being followed and in violation of the Principles of Natural
Justice. With regard to the availability of alternative remedy, in this case
before the National Green Tribunal (NGT), the learned senior counsel
submits that the present case is a fit case for interference by this Court in
exercise of powers under Article 226, due to the arbitrary and illegal action
of the respondents. In support of her arguments, reliance has been placed on
the judgment in the case of Radha Krishan Industries vs. State of Himachal
Pradesh & Ors. reported in (2021) 6 SCC 771, where exceptions to the rule
of alternate remedy have been laid down. She therefore, prays that the
impugned Auction Notice dated 14th February, 2022 be stayed in the
meanwhile.
3. Mr. A. Kumar, learned Advocate General for the respondents has
raised questions on the maintainability of the instant case, and submits that
this matter will be covered under the proceedings of Original Application No.
48/2019(EZ), wherein directions had been issued by the National Green
Tribunal (NGT), to carry out inspections with regard to illegal mining. He
further submits that the proceedings in question concern the crushing activity,
which he contends is without any lawful authority. The learned AG also
submits that, the petitioner has suppressed materials before this Court and
has not annexed vital documents such as, the show-cause issued to him, but
instead had annexed show-cause notices under The Air (Prevention and
Control of Pollution) Act, 1981 and The Water (Prevention and Control of
Pollution) Act, 1974, which have been issued to other persons who are not
before the Court. As such, he submits that no interim protection is warranted
at this stage.
4. This Court has considered the rival submissions of the parties and
it appears that the matter deserves further consideration, especially on the
point of maintainability and that as per the submissions of the learned AG,
vital materials are to be brought on record. In this view of the matter the
respondents are allowed one weeks' time to file an affidavit to bring on
record their objections and other relevant materials.
5. List this matter on 8th March, 2022 for admission hearing.
6. It is however provided that the bids received pursuant to the
Auction Sale Notice No. DCRB(LR) 37/2019/Rev/Pt-III/531 dated 14th
February 2022, shall not be opened until further orders of this Court.
7. List accordingly.
Judge
Meghalaya
25.02.2022
"D.Thabah-PS"
