HIJAM SANAYAIMA SINGH v. STATE OF MANIPUR AND ORS
Court: High Court of Manipur
Bench: HON'BLE THE CHIEF JUSTICE,HON'BLE MR JUSTICE KH NOBIN SINGH
Judgment date:
Case summary
High Court of Manipur judgment dated 2020-09-01. HIJAM SANAYAIMA SINGH v. STATE OF MANIPUR AND ORS. Read the judgment and case details on LawSphereX.
Judgment text
Video Conferencing IN THE HIGH COURT OF MANIPUR AT IMPHAL MC (PIL) No. 28 of 2020 (Ref: - PIL No. 5 of 2019) Hijam Sanayaima Singh, aged about 45 years, S/o (Late) Hijam Temba Singh of Kongpal Khaidem Leikai, P. O. & P. S. Porompat, Imphal East District, Manipur – 795005. ……. Applicant - Versus – 1. State of Manipur represented by the Chief Secretary, Government of Manipur, South Block, Secretariat, Imphal. 2. The Additional Chief Secretary (Forest and Environment), Old Secretariat, Imphal. 3. The Chairman, Manipur Pollution Control Board, DC Complex Lamphelpat. 4. The Commissioner/Secretary/Principal Secretary, Water Resources Department, Government of Manipur, Secretariat, Imphal. 5. The Chairman/Head of State Environment Impact Assessment Authority (SEIAA), Porompat. 6. The Deputy Commissioner/ Chairman, District Environment Impact Assessment Authority (DEIAA), Imphal East. 7. The Deputy Commissioner/Chairman, District Environment Impact Assessment Authority (DEIAA), Imphal East.
8. The Divisional Forest Officer, Central Mantripukhri. 9. The Divisional Forest Officer, Thoubal. 10. The Union Government represented by the Secretary, Ministry of Environment, Forest and Climate Change, Government of India, Indira Paryavaran bhawan, Jor Bagh Road, New Delhi - 110003. 11. The Member Secretary, Manipur Biodiversity Board, Forest Department, Sanjenthong, Imphal– 795001, Manipur. 12. The Principal Secretary (Trade, Commerce & Industries), Government of Manipur, P. O. & P. S. Imphal – 795001. 13. The Superintendent of Police, Thoubal District, P. O. & P. S. Thoubal, Pin – 795138, Manipur. …. Respondents For the applicant : Mr. I. Brojendro, Advocate For the Respondents : Mr. N. Kumarjit, Advocate General. Mr. S. Suresh, ASG Date of Order : 01. 09. 2020 MC (PIL) No. 28 of 2020 Page 1 BEFORE HON’BLE THE CHIEF JUSTICE MR. RAMALINGAM SUDHAKAR HON’BLE MR. JUSTICE KH. NOBIN SINGH ORDER (ORAL) Ramalingam Sudhakar, CJ [1] The prayer in the MC (PIL) No.
28 of 2020 is as follows :- “It is prayed that the Hon’ble Court may be pleased to release the seized vehicle Tata Tipper-912 bearing Regd. No. MN01-AA-2464, Chasis No. MAT4542061J7H18704, Engine No. 497TC41HRY827743 of the said vehicle on Zima or either conditions imposed by the Hon’ble Court for the ends of justice. [2] The miscellaneous application has been filed for release of vehicle which was seized by the respondents. This Court, in similar case for release of vehicle, namely, MC (PIL) No. 10 of 2019 [Ref:- PIL No. 5 of 2019], disposed it of by order dated 20. 11. 2019 whereby certain directions were issued for release of vehicle on deposit of certain amount. [3] Mr. I. Brojendro, learned counsel appearing for the applicant pleaded that he will not repeat the offence and stated that he is willing to make voluntary non-refundable deposit to any organization that the Court may direct to show his bonafide and good will.
[4] Keeping in mind the above, the miscellaneous application stands allowed with the following directions :- (a) The applicant shall not carry on the business of lifting sand and stone for selling them to the public until the permit is issued by the State Government in accordance with law. MC (PIL) No. 28 of 2020 Page 2 (b) The applicant shall co-operate with the investigation being conducted by the authorities of the Directorate of Trade, Commerce and Industries, Government of Manipur. (c) The applicant shall deposit a sum of Rs. 5,000/- (Rupees five thousand) only, being refundable, to the Director of Trade, Commerce and Industries, being refundable, which can be adjusted against the fine, if any, that may be imposed after the proceedings initiated against the applicant is completed. (d) The applicant volunteers to donate a sum of Rs. 10,000/- (Rupees ten thousand) only to the Manipur State Legal Services Authority. (e) The applicant volunteers to donate a sum of Rs.
10,000/- (Rupees ten thousand) only to the Orphanage/Children home recognized by Social Welfare Department, Manipur, namely, Jaithau Children Home for Boys run by Indegenous Women and Children Foundation Tamenglong HQ, Tamenglong District, having bank A/c No. 0653010106776 of United Bank of India. [5] The above directions (a), (b), (c) and voluntary undertaking as per (d) & (e) shall be complied with within two weeks from the date of receipt of a copy of the order. Subject to the production of proof of deposit as above, the vehicle can be released thereafter. Copy of the proof of deposit is to be furnished to this Court also. The miscellaneous application stands allowed as above. JUDGE CHIEF JUSTICE FR/NFR Sandeep MC (PIL) No. 28 of 2020 Page 3
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