- (1.) The grievance in the writ petition is that illegal mining activities are being carried out in and around Village Mitapur more particularly in Khasra No.1284 (which is shown in the revenue records as a reserved forest) and in Khasra No.270-Mi (which is shown in the revenue records as the river Soan) situated at Village Bandhwa, Tehsil Robertsganj District Sonbhadra. Since the land prima facie is reflected in the revenue records as a reserved forest, in terms of the Government Order dated 19 January 1998, no mining activities can take place without the permission of the Central Government. As a matter of fact, any such permission would have to be granted by the Central Empowered Committee.
(2.) Having due regard to the nature of the allegations, this Court by its order dated 29 January 2016 directed the Divisional Forest Officer and the District Magistrate, Sonbhadra to jointly conduct a surprise check and survey and to ensure that no illegal mining activity be carried out in the area of the reserved forest or contrary to law. Both the authorities were directed to submit their report of compliance.
(3.) In pursuance of the order of this Court, the District Magistrate Sonbhadra has informed the Court that a joint inspection team was constituted on 20 January 2016 which found that illegal mining has been carried out by Sohrab Khan and Rajesh Yadav. On 30 January 2016, a first information report has been lodged by the surveyor of the mining department in Sonbhadra. The affidavit states that even prior to the filing of the PIL, the Sub Divisional Magistrate had reported to the District Magistrate of the illegal activities of the aforesaid persons in Plot No.1284 and Plot No.270-Mi situated at Village Mitapur and Village Bandhwa. The Collector has noted that, thereupon he had directed the subordinate officers to inspect the area and submit a report.;