SHILLONG: The Division Bench of the High Court of Meghalaya has dismissed a PIL filed by the Shella Action Committee against Lafarge.
The PIL pending since 2007 had alleged that the land was illegally acquired for the mining of limestone by Lafarge and the project had not benefitted the villages around the mining area.
The Division Bench comprising Chief Justice Mohammad Yaqoob Mir and Judge SR Sen imposed a fine of Rs 20,000 on the petitioner to be deposited within one month in the relief welfare fund maintained by the court for flood sufferers of Kerala.
The Shella Action Committee had filed the PIL against Lum Mawshun Minerals Pvt. Ltd and Lafarge Umiam Mining Pvt. Ltd, the two corporate entities incorporated under the Indian Companies Act, 1956 and Lafarge Surma Cement Ltd, a corporate body incorporated in Bangladesh with its headquarters in Dhaka.
The court observed that the intentions of Shella Action Committee stand exposed by the fact that during pendency of this matter from 2007 till date, the petitioner has not been able to produce single individual with an affidavit to claim that his land has been transferred illegally.
“No one has come forward to claim title adverse to those land owners who have transferred their land, sold or leased out in favour of the respondent Lum Mawshun Minerals Pvt. Ltd,” the court said.
According to the court, industrial growth linked with development of North East, in particular, in this case of Meghalaya, mining operation undertaken by the respondents has proved fruitful for the economic growth and welfare of the people of the area.
Mining operation has generated a lot of revenue and various measures have been taken for the well-being and welfare of the area.
The respondents had ensured payment of tax, valid transaction and economic growth.
As against the petitioner, the state has supported the mining operation, transfer of land and other activities.
“We after bestowing thoughtful consideration to the entire gamut of the matter have reached to an inescapable conclusion that in fact the petitioner has filed the PIL without any substantial cause. They may be the residents of village Shella but are stated to have been residing in Shillong and operating from there to the disadvantage of the people of the village Shella,” the court said.
According to the court, the petitioner is not free from blame as the respondents were dragged into unwanted litigation with disastrous consequence.
“Public Interest Litigation has to be for the betterment and it shall not be aimed at destruction or harassment. We have found this PIL to be totally without any merit and tainted with ill design. Negative approach is always detrimental to the progress, development and prosperity. Negativity at times can be catastrophic. The PIL is not permissible for encouraging negativity, impacting the progress and welfare,” the court said.
The court also observed that the petitioner has filed the PIL projecting to be the well wishers of tribals and for protecting and safeguarding the rights of the poor, illiterate and indigenous people of Shella village. On final analysis, spirit of the PIL is found with lot of negativity aimed at jeopardising the progress of the tribals of village Shella, the court said.
VGK Kynta, Senior Advocate representing Lafarge Umiam Mining company, and Lafarge Surma Company assisted by Advocate Michelle Kynta were elated that a long drawn litigation that started in 2007 before the Gauhati High Court has come to an end with good results to Lafarge.
“I need not say much since the judgment will speak for itself. This landmark judgment will deter vexatious PILs and other forms of litigation which take the court’s precious time not to speak about wastage of public money,” Kynta said.
However, he encouraged the members of the public to file PIL which involves public good and welfare of the society.
