Vinoy Kumar Singh vs The Union Of India
2023 Latest Caselaw 4665 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.9591 of 2021
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Vinoy Kumar Singh, S/o Late Ram Badan Singh, Resident of Village- Chhapra, P.S.-Rajauli and District- Nawada.

... ... Petitioner/s Versus

1. The Union of India through the Secretary, Ministry of Culture, Government of India, New Delhi.

2. The Secretary, Ministry of Culture, Government of India, New Delhi.

3. The Secretary, Ministry of Environment, Forest and Climate Change, New Delhi.

4. The Archaeological Survey of India through Director-General of Archaeological Survey of India, Ministry of Culture Government of India, New Delhi.

5. The Director-General of Archaeological Survey of India, Ministry of Culture Government of India, New Delhi.

6. The State of Bihar through the Principal Secretary, Department of Forest and Environment Government of Bihar, Main Secretariat, Patna.

7. The Principal Secretary, Department Environment, Forest and Climate Change, Government of Bihar.

8. The Principle Secretary, Department of Mining and Geology Government of Bihar, Main Secretariat, Patna.

9. The Principal Secretary, Department of Tourism Government of Bihar, Patna.

10. The Principal Secretary, Art Culture and Youth Department, Government of Bihar, Patna.

11. The Director, Directorate of Archaeology, Art Culture and Youth Department, Government of Bihar, Patna.

12. The Divisional Commissioner, Magadh Division, Gaya.

13. The District Magistrate, Nawada.

14. The Chief Wild Life Warden, Department Environment, Forest and Climate Change, Government of Bihar, Patna.

15. The Divisional Forest Officer, Nawada, Bihar. Patna High Court CWJC No.9591 of 2021 dt.18-09-2023

16. The Deputy Director, Mining and Geology Department, Magadh Division, Nawada, Bihar.

17. The District Mining Officer, Nawada, District-Nawada.

18. The Sub Divisional Officer, Rajauli, Nawada, Bihar.

19. The Station House Officer (SHO), P.S.-Rajauli, Nawada.

20. The Forest Range Officer, Rajauli, Nawada.

21. The Circle Officer, Rajauli, Nawada.

22. M/S Katyani Contractors Pvt. Ltd. through its Director Shri Randhir Kumar, Son of Suraj Prasad, Resident of Village-Pareo, P.S. Bihta, Dist-Patna.

23. M/S Mahadev Enclave Pvt. Ltd., B-37, Ayodhya Mara, Hanuman Nagar, Jaipur Rajasthan, through one of its directors namely Kartik Rathi, age 28, S/o Shri Ajay Rathi, R/o-3B 22 23, Sukhadia Nagar, Sri Ganganagar (Rajasthan).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brisketu Sharan Pandey, Advocate Mr. Gautam Kumar Kejriwal, Advocate For the Respondent/s : Dr. K. N. Singh, ASG Mr. Devansh Shankar Singh, AC to ASG Mr. Tuhin Shankar, CGC Mr. Amarjeet, JC to ASG Mr. Sriram Krishna, Advocate Mr. Raghwanand, GA-11 Mr. Pratik Kumar, AC to GA-11 Mr. Rajnish Shandilya, AC to GA-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY C.A.V JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)

Date : 18.09.2023

Heard learned counsel for the petitioner and learned

counsel for the respondents.

2. The instant case in the nature of a Public Interest Patna High Court CWJC No.9591 of 2021 dt.18-09-2023

Litigation has been filed by an ex-Mukhiya, who claims himself

to be a social worker, praying for a direction to the respondents

to take necessary action to protect the environment and the

ecosystem surrounding hillocks named Lomas and

Yogyawallakya which have religious, cultural and historical

importance and have temples and caves in existence; to conduct

a survey with respect to the land, details of which have been

given of Circle-Rajauli, District-Nawada as heritage and

protected site; to restrain the Department of Mines and Geology

as also the District Administration from leasing out the land and

ensure that no mining activity is carried out in future in vicinity

of the hillocks; to direct the respondents to take necessary steps

to conserve, protect and develop the temple staircase and the

surrounding; for directing the respondents to protect the forest,

water fountain and Khuri river flowing adjoining the said

hillocks; to take appropriate action against the Circle Officer for

giving an incorrect report, wrongly mentioning that the type of

land is not forest land; to withdraw the NOC given for mining

activity and for other reliefs.

3. The petitioner contends that the hillocks namely

Lomas and Yogyawallakya are situated in Rajauli in the District

of Nawada. They have been named after the great Hindu vedic Patna High Court CWJC No.9591 of 2021 dt.18-09-2023

sages and the places also find mention in the District Gazetteer

of the British times.

4. It is the case of the petitioner that recently, since

the year 2007, the respondents have allowed mining and stone

quarrying activities on the hillocks in question in complete

disregard to its historical and religious importance as also the

adverse impact it is having on the wildlife, ecosystem and bio-

diversity of the areas. The land in question appertaining to Plot

nos.5513 and 5514, all between Rajauli Forest Zone and

Koderma Forest Zone, the land being situated within 3.5 kms of

the protected forest namely, Baghmari, and thus mining activity

cannot be permitted in view of the pronouncements of the

Hon'ble Supreme Court in the case of T.N. Godavarman

Thirumulpad v. Union of India & Ors. [(1997) 2 SCC 267]. It is

further submitted that the hillock is within 8 kms from the

nearest reserve forest ie Koderma Wildlife Sanctuary and the

mining activities which includes the sound of blast etc have an

adverse impact on the wildlife as also the local population living

close by.

5. It is further submitted that by Resolution no. 4387,

dated 9.12.2014 issued by Department of Mining and Geology,

Government of Bihar which is in consonance with the Patna High Court CWJC No.9591 of 2021 dt.18-09-2023

provisions of the Bihar Ancient Monuments and Archaeological

Sites, Remains and Art Treasures Act, 1976, mining activities

have been barred and the same is to be permitted only in

accordance with the provisions of the Forest (Conservation) Act,

1980. Thus, the no objection given for the mining activity on the

hillock is contrary to the said resolution as also to the various

pronouncements of the Hon'ble Courts. Hence the instant

application.

6. Counter affidavits have been filed on behalf of the

State of Bihar and more particularly on behalf of the Mines

Department, the Tourism Department and the Forest

Department.

7. On behalf of the Mines Department it has been

stated that the hillocks/places in question do not find mention

nor stand notified as ancient historical places under the Bihar

Ancient Monuments and Archaeological Sites, Remains and Art

Treasures Act, 1976. Thus, mining cannot be said to be illegal

nor is there any contravention of the Rules. On a report having

been obtained from the Forest Department, Nawada Division,

the nearest forest area being about 3.5 kms away, in the year

2014, the Forest Department also did not have any objection for

issuance of mining lease. Six leases were granted in the year Patna High Court CWJC No.9591 of 2021 dt.18-09-2023

2015. It is stated that a seven member enquiry committee, which

was constituted by the Collector, Nawada, submitted its report

to the effect that the subject hillocks have not been leased to any

person for mining activities and they have not been either

disturbed or damaged.

8. So far as the Tourism Department is concerned, in

their counter affidavit, it has been stated that no scheme/project

is run on the land in question. A Letter no.652 dated 23.6.2021

was written by the District Magistrate, Nawada to the Principal

Secretary, Department of Tourism, Government of Bihar, with

regard to renovation and beautification of the hillocks and

places of ancestral, historical and religious importance within

the District of Nawada. The Special Secretary, Department of

Tourism by his letter dated 12.8.2021 requested for furnishing of

documents with respect to right and title over the concerned

land along with NOC in the prescribed proforma with specific

recommendations for renovation and beautification so that the

work may be initiated. It is stated that the necessary steps have

been taken in this direction.

9. In the counter affidavit filed by the District Forest

Officer, Nawada it is stated that it was on 25.1.1985 that the

Koderma Wildlife Sanctuary was notified under the Wildlife Patna High Court CWJC No.9591 of 2021 dt.18-09-2023

Protection Act, 1972. The same was under the Gaya Forest

Division. After formation of the State of Jharkhand, the

respondents were under a wrong impression that the entire area

of Koderma fell under Jharkhand and consequently they also

issued no objection for mining activities in the year 2015. In the

year 2018, on learning that part of Koderma Wildlife Sanctuary

also fell under the jurisdiction of the Nawada Forest Division in

the State of Bihar, the Divisional Forest Officer, Nawada Forest

Division sent a letter/proposal on 24.9.2018 to the Conservator

of Forest, Gaya Circle that part of land under Koderma Wildlife

Sanctuary, which now fell under Nawada Forest Division, be

notified as Nawada Wildlife Sanctuary. By Memo no. 527 dated

10.5.2019 of the Government of Bihar, an area of 2726.61

hectares of land was declared as Rajauli Wildlife Sanctuary. It is

further stated that by letters dated 3.5.2019, 1.11.2019 and

26.12.2019, the DFO, Nawada Forest Division has issued

notices for closure of mining activities falling within 10 kms of

the Wildlife Sanctuary, ie [default Eco-Sensitive Zone (ESZ)].

The process of notification of ESZ of Rajauli Wildlife Sanctuary

has been initiated.

10. Counter affidavits have also been filed on behalf

of the Union of India. In the counter affidavit filed by the Patna High Court CWJC No.9591 of 2021 dt.18-09-2023

Superintendent Archaeologist, Archaeological Survey of India

('ASI' in short), Patna Circle, it is stated that pursuant to the

order dated 6.9.2021 passed in this case, the ASI inspected the

site and did not find any significant material remains to suggest

archaeological and historical antiquity of the place, although the

local traditions highlight religious significance through

mythological narrations.

11. Further, in the counter affidavit filed on behalf of

the Secretary, Ministry of Environment, Forest and Climate

Change, New Delhi, it has been stated that the answering

respondent issued guidelines for declaration of Eco-sensitive

Zone around national parks and wildlife sanctuaries, the size of

ESZ could go up to 10 kms around the protected area. It is

further stated that so far as the Hazaribagh Wildlife Sanctuary is

concerned, as per the notification dated 1.8.2019, ESZ extends

between 900 mts to 5 kms around its boundary. Commercial

mining of both minor and major minerals, stone quarrying and

crushing units are strictly prohibited and mining operations are

to be carried out in accordance with the orders of the Hon'ble

Supreme Court in the case of T.N. Godavarman Thirumulpad

(supra) It is further stated that the answering respondents have

also issued notification dated 9.8.2019 with respect to Koderma Patna High Court CWJC No.9591 of 2021 dt.18-09-2023

Wildlife Sanctuary, according to which, the ESZ is from 0 to 5

kms. The State Government is empowered to make rules for

preventing illegal mining, transportation and storage of illegal

minerals.

12. Having heard learned counsel for the parties and

having perused the affidavits filed on behalf of the respondents,

it transpires that so far as the hillocks ie Lomas and

Yogyawallakya are concerned, even though, as per the affidavit

filed by the ASI, no significant archaeological and historical

antiquity was found, nevertheless, it has categorically been

stated that local traditions highlight the religious significance of

the hillocks through mythological narrations. It further

transpires that the District Magistrate, Nawada has written to the

Principal Secretary, Tourism Department, Government of Bihar

with respect to renovation and beautification of the hillocks and

other places of ancestoral, historical and religious importance

and the Special Secretary of the Department has responded

asking for the required details as also the NOC in the prescribed

proforma so that the renovation work may be initiated. The

Court expects that the steps taken by the Special Secretary,

Department of Tourism, Government of Bihar as also the

District Magistrate, Nawada are taken to its purposeful end. Patna High Court CWJC No.9591 of 2021 dt.18-09-2023

13. So far as the issuance of lease for mining in the

area are concerned, it transpires from the affidavits that some

lease for mining activities were issued in the year 2015.

Subsequently, on realising that part of the Koderma Wildlife

Sanctuary fell in the State of Bihar, vide notification contained

in Memo no. 527 dated 10.5.2019 of the Department of

Environment, Forest and Climate Change, Government of Bihar,

the same was declared to be known as Rajauli (Nawada)

Wildlife Sanctuary, comprising of a total area of 2726.61

hectares. It is stated that in view of the orders of the Hon'ble

Supreme Court in the case of T.N. Godavarman Thirumulpad v.

Union of India & Ors., as also the ESZ, all mining activities

have been stopped within the notified distance of the wildlife

sanctuary. As of now no mining activities can be carried out and

the party respondents who are the mining lessees cannot seek

for furtherance of their lease granted. The consequences arising

from such prohibition and the rights and liabilities arising from

the grant of lease and the subsequent cancellation could be

agitated by the respective parties in appropriate proceeding; on

which we make no observation at all.

14. Having perused the affidavits as also the material

on record, the Court finds that no further useful purpose will be Patna High Court CWJC No.9591 of 2021 dt.18-09-2023

served in keeping the instant Public Interest Litigation pending.

15. The application stands disposed of.

(Partha Sarthy, J)

K. Vinod Chandran, CJ: I agree.

(K. Vinod Chandran, CJ)

avinash/-

AFR/NAFR
CAV DATE                24.07.2023
Uploading Date          18.09.2023
Transmission Date