STATE OF ASSAM Vs. ABDUL KHALIQUE TALUKDAR

JUDGEMENT

(1.) The writ petitioner (now respondent) was settled with the Madhura Sand Mahal for a period from 12-1-98 to 11-1-2000 for extraction of sand. The quantity of sand which could be extracted was 1050 cu ms. For certain reasons, to which reference will be made hereinafter, the writ petitioner could only extract 367 cu ms. within the stipulated period. He had asked for extension of the lease period for extracting the sand but the same was refused by the order dated 11-2-2000. By the said order it was also decided that sale notice be issued for the said Mahal.

(2.) Before the learned Single Judge it was averred that immediately after the writ petitioner had started extracting sand and transporting the same from the mine to other places by trucks over the Khaspur-Silchar PWD Road, restrictions were imposed by the PWD not to ply heavy vehicles on the said road. Maximum load that was permitted to be carried by trucks was 6.00 m. tonnes. It was also averred that the respondents have not maintained the S.P.T. Bridge No. 1/1 on Khaspur-Rajbari Road which stands on the gate way to the concerned Mahal, and it was in a dilapidated condition since long.

(3.) Before the learned Single Judge reliance was also placed on a letter dated 3-9-99 from the Conservator of Forests, Southern Assam Circle, Silchar to the Chief Conservator of Forests, to highlight that the writ petitioner could not extract the entire quantity of sand because of the fault of the respondent, road communication as well as because of the dilapidated condition of the bridge etc. The letter reads as under :-