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GAHC010204132022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/68/2022 BARAK VALLEY KHASI JAINTIA WELFARE ORGANISATION AND 3 ORS REPRESENTED BY THE PRESIDENT, NAMELY, CHARLES RYMBAI, HEAD OFFICE AT SONAI ROAD, SILCHAR-5, DISTRICT- CACHAR, ASSAM.
2: CHARLES RYMBAI SON OF BRIWEL PDANG RESIDENT OF ASAPALLI CAMPUS POST OFFICE- FULERTAL POLICE STATION- LAHIPUR DISTRICT- CACHAR ASSAM PIN- 788106.
3: WANBOR PDANG SON OF AJOY SUCHEN RESIDENT OF MATWAKHASI PUNJI BILAIPUR POLICE STATION- LALA DISTRICT- HAILAKANDI ASSAM PIN- 788113.
4: LOVING WELL MUKHIM SON OF TONIFUL RYNGI RESIDENT OF VILLAGE- BAURIPARA PART-I POLICE STATION- KARIGORAH DISTRICT- CACHAR ASSAM PIN- 788817 VERSUS THE UNION OF INDIA AND 9 ORS REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI, 110003.
2:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI-06 ASSAM.
3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT DISPUR GUWAHATI-06.
4:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST FORCE ASSAM ENVIRONMENT AND FOREST DEPARTMENT ARANYA BHAWAN PANJABARI ROAD GUWAHATI- 781037.
5:THE DEPUTY COMMISSIONER CACHAR DACK BANGLOW ROAD NEAR COURT COMPOUND TARAPUR SILCHAR ASSAM PIN- 788001.
6:THE DISTRICT DEVELOPMENT COMMISSIONER CACHAR DACK BANGLOW ROAD NEAR COURT COMPOUND TARAPUR SILCHAR ASSAM PIN- 788001.
7:ADDITIONAL DEPUTY COMMISSIONER CUM FOREST SETTLEMENT OFFICER CACHAR DACK BANGLOW ROAD NEAR COURT COMPOUND TARAPUR SILCHAR ASSAM PIN- 788001.
8:THE DIVISIONAL FOREST OFFCIER CACHAR ZONE CACHAR DACK BANGLOW ROAD NEAR COURT COMPOUND TARAPUR SILCHAR ASSAM PIN- 788001.
9:THE DIVISIONAL FOREST OFFICER (T)
KARIMGANJ DIVISION KARIMGANJ ASSAM PIN- 788709.
10:THE RANGE FOREST OFFICER KALAIN RANGE CACHAR ASSAM PIN- 788815 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : DY.S.G.I.
BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
['D GHOSH', '', 'S K CHAKMA', 'I CHAKMA', 'P NAG', 'H BETALA', 'OWEN C', 'N DEKA', 'DY S G I', '', 'SC', 'FOREST', 'GA', 'ASSAM']
ORDER
07-11-2022 Date :
R.M. Chhaya, C.J.
Heard Ms. D. Ghosh, learned counsel for the petitioners. Also heard Mr. P.N.
Goswami, learned Additional Advocate General, Assam assisted by Mr. K.P. Pathak, learned standing counsel, Forest, who appears for the respondents on receipt of advance copy of the petition.
By way of this petition filed under Article 226 of the Constitution of India, the petitioners inter alia pray for the following relief;
“In the premises aforesaid, it is most respectfully prayed that Your Lordships would be pleased to admit this petition, call for the records, issue a Rule calling upon the respondents to show cause as to why:-
I) A writ in the nature of Mandamus and/or any other writ of like nature be not issued directing the Respondent authorities to forthwith stop/cancel the process of declaration of Eco-sensitive zone of Borail Wildlife Sanctuary by grabbing/sketching the lands of indigenous tribal peoples.
II) A writ in the nature of Mandamus and/or any other writ of like nature be not issued directing the Respondent authorities to forthwith stop/cancel the process of constitution/creation of Barak-Bhuban Wildlife Sanctuary by grabbing/sketching the lands of indigenous tribal peoples.
III) A writ in the nature of Mandamus and/or any other writ of like nature be not issued directing the Respondent authorities to forthwith stop/cancel the process of conversion of forest areas into Arang Reserve Forest by grabbing/sketching the lands of indigenous tribal peoples.
IV) A writ in the nature of Mandamus and/or any other writ of like nature be not issued directing the Respondent authorities to take immediate steps to provide adequate rehabilitation and/or compensations to the tribal people residing in the proposed areas of Eco-sensitive zone of Borail Wildlife Sanctuary, Arang Reserve Forest and the Barak-Bhuban Wildlife Sanctuary. V) A writ in the nature of Mandamus and/or any other writ of like nature be not issued directing the respondents to act on the representations submitted by the petitioners by conducting an enquiry on the issues raised by the petitioners.
And/or cause or causes being shown, upon hearing parties, on perusal of the records be pleased to make the Rule absolute, and/or pass such further order/orders as Your Lordships may deem fit and proper.
-AND-
During the pendency of the Rule, Your Lordships may be pleased to direct the respondent authorities not to disturb the peaceful possession of the lands of the tribal peoples in proposed areas of Eco-sensitive zone of Borail Wildlife Sanctuary, Arang Reserve Forest and the Barak-Bhuban Wildlife Sanctuary and/or pass such order/orders as Your Lordships may deem fit and proper.”
It appears from the record of the petition that the present petition is filed based upon the representations filed by the petitioners on 07.09.2022 and 08.09.2022 to the respondent authorities. The Commissioner & Secretary, Department of Environment & Forest, State of Assam is hereby directed to consider the said representations and pass a reasoned order therein as expeditiously as possible but not later than 31.12.2022 and communicate the same to the petitioners by registered post with A/D at the address which is mentioned in the memo of the petition. Learned counsel for the respondents shall also send a copy of the paper book to the Commissioner & Secretary, Department of Environment & Forest, State of Assam.
With the aforesaid direction, the present petition is disposed of at this stage.
JUDGE CHIEF JUSTICE
