Disposed

Lip Terang v. the Union of India

Gauhati HC8 May 2025WP(C)/2490/2025

Case brief

AI extract

What is this about?

Petitioner sought to restore a mining contract cancelled due to Eco Sensitive Zone restrictions. Citing a similar order where a review was permitted, the Court granted liberty to file a review petition before the Karbi Anglong Autonomous Council within a week. The writ petition was disposed of with this direction.

What did the court decide?

Liberty granted to file a review petition before the concerned authority within a week to seek restoration of mining operations.

Lip Terang Vs the Union of India — Land Acquisition | Gauhati HC (2025)

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GAHC010095092025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/2490/2025

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LIP TERANG

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VILLAGE RONGTARA, HAYANGTHAL PO BAMUNI, DISTRICT NAGAON, ASSAM

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VERSUS

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THE UNION OF INDIA

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REPRESENTED BY SECRETARY MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE (MOEFF) INDIRA PARIYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI

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2:NATIONAL BOARD OF WILDLIFE

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REPRESENTED BY THE MEMBER SECRETARY STANDING COMMITTEE OF NATIONAL BOARD OF WILDLIFE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE (MOEFF) INDIRA PARIYAVARAN BHAWAN JORBAGH ROAD NEW DELHI

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3:THE STATE OF ASSAM

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REPRESENTED BY THE SPECIAL CHIEF SECRETARY TO GOVERNMENT OF ASSAM DISPUR GUWAHATI

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4:THE PRINCIPAL SECRETARY TO THE STATE OF ASSAM DEPARTMENT OF ENVIRONMENT AND FOREST DISPUR GUWAHATI

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5:THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF GEOLOGY AND MINING DISPUR GUWAHATI ASSASM

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6:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FORESTS FORCE

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H BLOCK 2ND FLOOR JANATA BHAWAN DISPUR GUWAHATI

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7:DIRECTOR OF GEOLOGY AND MINING GOVT OF ASSAM DAKHINGAON KAHILIPARA GUWAHATI ASSAM

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8:THE STATE ENVIRONMENT IMPACT ASSESMENT AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY BAMUNIMAIDAM GUWAHATI 9:POLLUTION CONTROL BOARD REPRESENTED BY ITS MEMBER SECRETARY BAMUNIMAIDAM GUWAHATI 10:THE KARBI ANGLONG AUTONOMOUS COUNCIL REPRESENTED BY ITS PRINCIPAL SECRETARY DIPHU KARBIANGLONG 11:THE CHIEF EXECUTIVE MEMBER KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBIANGLONG 12:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU DIPHU 13:THE DIVISIONAL FOREST OFFICER KARBIANGLONG EAST DIVISON DIPHU 14:THE RANGE OFFICER NORTH WESTERN RANGE PARKUP PAHAR KARBIANGLONG 15:THE SECRETARY DEPARTMENT OF ENVIORNMENT AND FOREST KAAC DIPHU 16:THE DEPUTY COMMISSIONER KARBI ANGLONG EAST DIPHU KARBI ANGLONG ASSAM 17:THE ASSISTANT REVENUE OFFICER PHULONI REVENUE CIRCLE KARBI ANGLON

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Advocate for the Petitioner : MR. A KHANDAKAR, A KALITA,MISS. J GOGOI,MR B P BORAH,MR P J DUTTA

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Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, PCB,SC, FOREST,SC, K A A C

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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09.05.2025

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Heard Mr. P. K. Goswami, learned Senior counsel assisted by Mr. B.P. Borah, learned counsel for the petitioner. Also heard Mr. R.K.D. Choudhury, learned Dy. SGI for the respondent nos.1, 2 & 8; Mr. K. Gogoi, learned counsel

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for the respondent nos.3, 5, 7 & 16; Mr. R.R. Gogoi, learned counsel for the respondent nos.4 & 6; Mr. S. Baruah, learned counsel for the respondent no.9 and Ms. S. Kemprai, learned counsel for the respondent nos.10 to 15 & 17.

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2. The petitioner has prayed for setting aside and quashing the impugned order dated 29.01.2025 and the consequential cancellation notice dated 04.04.2024 issued by the Divisional Forest Officer, Karbi Anglong East Division, Diphu and direct the respondent authorities to restore the mining operation of the petitioner at Langkhang P.P. land stone mining contract area.

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3. The learned counsels for the parties submit that in a similar matter, this Court vide order dated 03.04.2025 had allowed the petitioner in WP(C) 1003/2025 to file a review against the communication issued by the DFO, suspending all mining operation in the Eco Sensitive Zone of Kaziranga National Park and Tiger Reserve and within default esz of KNP & Tr, in compliance with the Supreme Court’s order. They submit that the petitioner in WP(C) 1003/2025 submitted a review petition pursuant to the order dated 03.04.2025, which had been subsequently allowed by the concerned authority. The petitioner therein was allowed to do the mining operation after obtaining necessary clearance.

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4. In the order dated 03.04.2025 passed in WP(C) 1003/2025, the learned Standing Counsel, KAAC had submitted that there was a provision under the Assam Minor Mineral Concession Rules, 2013, particularly, Rule 67 which provides for a review by the Director/Principal Chief Conservator of Forest and Head of Forest Force, Assam. As the matter was a transferred subject to the KAAC, the authority would be the Karbi Anglong Autonomous Council.

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5. Pursuant to the Review petition in WP(C) 1003/2025 being allowed, this Court vide order dated 05.05.2025 disposed of WP(C) 1003/2025, by holding that the KAAC was to issue the revocation of the suspension order issued by the Divisional Forest Officer, Karbi Anglong East Division, Diphu, within 1 (one) week and to permit the petitioner therein to continue with the mining operation.

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6. In view of the above reasons, the petitioner herein is also given the liberty to file a review petition within a week from today before the concerned authority, as has been allowed in WP(C) 1003/2025. The concerned authority shall thereafter take a decision on the petitioner’s review petition, after giving an opportunity of hearing to the petitioner. The entire exercise should be concluded, within a further period of two weeks from the date of receipt of a copy of the review petition.

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7. If the review is allowed by the concerned respondent, the petitioner should be permitted to continue with his mining operation.

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8. The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Lip Terang v. the Union of India

Case brief

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What did the court decide?

Lip Terang v. the Union of India

Case brief

What is this about?

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