Baban Paul v. The State Of West Bengal And ORS.

04.07.2024 Item No.10 gd/ssd WPA(P)/247/2024 BABAN PAUL VS THE STATE OF WEST BENGAL AND ORS.

Mr. Samiran Mandal, Mr. Abhinaba Das, Mr. Nitish Samanta ..for the Petitioner.

Mr. Sk. Md. Galib, Ms. Sujata Mukherjee ..for the State.

Mr. Sanjoy Saha, Mr. Subhasish Bhattacharya ..for the Respondent No.10.

Mr. ...............................

..for the Respondent No.11.

1. By way of this public interest petition the petitioner alleges that illegal sand mining is being done at the location where no permission/tender was granted/invited.

2. The learned advocate appearing for the West Bengal Mineral Development and Trading Corporation Limited (WBMDTCL) has produced a copy of the letter addressed by the Managing Director, WBMDTCL to the Secretary to the Government of West Bengal, Department of Irrigation and Waterways dated 22.03.2024.

3. From the said letter it is seen that no mining operation has been carried on but what was carried on was dredging/de-silting operation on river Damodar at Iswarda and Tirat. The letter further states

that the dredging work has been completed in both the projects and the contractors have accordingly been instructed to complete the lifting of remaining portion of material from the stockyard, if any, within 31.03.2024 after which the sites shall be ready for hand over to the Department of Irrigation and Waterways.

4. It is submitted that the directions have been complied with and as on date there is nothing either dredging or de-silting operation.

5. The allegation of the petitioner is that under the garb of dredging and de-silting operation at Tirat there are illegal mining of sand in other areas.

6. This appears to have not been factually established before this court in this writ petition.

7. Needless to state that the authorities concerned more particularly the District Magistrate of the concerned district, namely, the 2nd respondent/ District Magistrates, Bankura shall direct its officers to maintain strict vigil of the area so as to ensure that no illegal sand mining takes place within the areas pointed out by the writ petitioner.

8. Accordingly, the matter stands disposed of. (T. S. SIVAGNANAM) CHIEF JUSTICE

(HIRANMAY BHATTACHARYYA, J.)