DONLANG SOHKHLET vs STATE OF MEGHALAYA AND 5 ORS.

2026:MLHC:1254


Serial No. 33
Regular List
MLHC010013692025
HIGH COURT OF MEGHALAYA
AT SHILLONG

WP(C)/417/2025 Date of Decision: 06-11-2026
Uploaded on: 06-11-2026


Shri. Donlang Sohkhlet
Son of (L) D.S. Sohkhlet
Aged about 50
R/o Umpling, Dong Shaneng, Block-III
Shillong – 793006, East Khasi Hills District,
Meghalaya …Petitioner

-Versus-

1.State of Meghalaya represented by Secretary,
Forest and Environment Department, Shillong

2.Joint Secretary, Forest and Environment
Department, Shillong

3.Under Secretary, Forest and Environment
Department, Shillong

4.The Principal Chief Conservator of Forest Head
of Forest Force (HoFF), Meghalaya, Shillong

5.Chief Conservator of Forest, Meghalaya, Shillong
…Formal Respondents

6.The Divisional Forest Officer, East Khasi Hills
and Ri-Bhoi(T) Division, Shillong, Meghalaya …Respondent



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2026:MLHC:1254
Coram:
Hon’ble Mr. Justice H. S. Thangkhiew, Judge

Appearance:
For the Petitioner/Applicant(s) : Ms. E.B. Passah, Adv.

For the Respondent(s) : Mrs. N.G. Shylla, AAG with
Ms. I. Lyngwa, GA
Ms. Z.E. Nongkynrih, GA.

i) Whether approved for reporting in Law journals etc.: Yes/No
ii) Whether approved for publication in press: Yes/No

JUDGMENT (ORAL):

1. The writ petitioner is before this Court with a prayer to direct the
respondent No. 6 i.e. The Divisional Forest Officer, East Khasi Hills and
Ri-Bhoi Territorial Division, Shillong, Meghalaya to issue an Exemption
Certificate for the incidental extraction of boulder stones at the site which
has been taken on lease by the petitioner situated at Amjowshrei, Jirang
Syiemship, Ri-Bhoi District.
2. Ms. E.B. Passah, learned counsel on behalf of the petitioner has
submitted that in preparation for the construction of a parking lot in the
said area, measuring about 1.8 hectares, the petitioner had obtained NOCs
from the Headman and had applied for permission for excavation.
Thereafter, she submits a thorough survey including volume estimation,
impact assessment, geo-referenced map and necessary clearances were
obtained from the Chief Forest Officer, Khasi Hills Autonomous District
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2026:MLHC:1254
Council, and on 24.01.2024, the respondent No. 2 i.e. the Joint Secretary,
to the Government of Meghalaya Forest and Environment Department,
Shillong, by order dated 24.01.2024, had granted permission/ No Objection
for the incidental extraction of boulder stones at the proposed site, and to
this effect, an Exemption Certificate for the transportation of minor
minerals under Rule 3(ii) of Meghalaya Minor Minerals Concession Rules,
2016, was allowed. However, she submits that thereafter vide order dated
13.03.2025, issued by the respondent No. 3, the respondent No. 4 was
directed to keep on hold the extraction of the boulder stones, which was
then followed by a subsequent order dated 20.03.2025, which she submits
resulted in the revocation of the permission granted earlier. She submits
that the said revocation was without issuance of any notice or providing the
petitioner adequate opportunity of hearing.
3. Learned counsel further submits that the respondent No. 2, thereafter
by a letter dated 28.07.2025, communicated to the respondent No. 4, the
recall and cancellation of the order dated 23.03.2025, and in view of the
incidental nature of the extraction, allowed the re-issuance of the
Exemption Certificate, subject to the conditions contained therein. Learned
counsel however submits that the respondent No. 6, by order dated
25.08.2025, did not issue the Exemption Certificate on the ground that
there was no protocol or order available on the parameters given in the
order dated 28.07.2025, under the Meghalaya Minor Minerals Concession
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2026:MLHC:1254
Rules, 2016, for consideration of grant of an Exemption Certificate.
Learned counsel then submits that the petitioner thereafter had filed 3
representations including a legal notice, which evoked no response from
the respondent No. 6. She therefore prays for appropriate directions that the
prayer be reconsidered, in view of the accompanying facts and
circumstances especially taking into account the earlier NOCs.
4. Mrs. N.G. Shylla, learned AAG assisted by Ms. I. Lyngwa, learned
GA has placed reliance on the affidavit filed on behalf of the State
respondents, and has drawn the attention of this Court to Annexure – 3,
rd
thereof, i.e. the letter dated 3 October, 2025, which contains an inquiry
report from the Assistant Conservator of Forest (P), East Khasi Hills & Ri-
Bhoi (T) Division, Shillong, showing the exact nature of the site and the
other requirements, which are necessary as detailed therein. The learned
AAG further submits that some nearby residents had also raised concerns
about the extraction.
5. This Court on perusal of the affidavit itself at Para – 10 thereof,
notes that is has been stated therein, that the letter dated 28.07.2025, did
not constitute a reinstatement of unconditional permission, but rather, the
said order provided for a conditional reconsideration, contingent upon the
petitioner’s strict adherence to environmental safeguards and the directives
issued by the Forest Department. On this oral observation made in Court,
the learned AAG however submits that the Department is ready to re-
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2026:MLHC:1254
examine the matter, subject to the compliance of the writ petitioner to all
the safeguards, as necessary.
6. On hearing the learned counsel for the parties, and also on
examination of the materials, without further discussing the facts, as the
same has already been portrayed by the counsel for the petitioner, in her
submissions, this Court on perusal of the letter dated 28.07.2025, notes that
the earlier cancellation or revocation of the Exemption Certificate, which
was issued on 20.03.2025, was cancelled by this letter. However, certain
conditions were given therein for satisfaction by the petitioner before the
Exemption Certificate could be granted. The letter dated 25.08.2025, of the
respondent No. 6, whereby exemption was not considered, has also been
examined, and this Court finds that the only reason given therein, was that
the terms and conditions stipulated in the letter dated 28.07.2025, do not
appear under the Meghalaya Minor Minerals Concession Rules, 2016, and
as such, on this premise, the exemption was not considered. Further, this
rd
Court has also noted the letter dated 3 October, 2025, wherein a site
inspection had been conducted by the Assistant Conservator of Forest (P),
East Khasi Hills & Ri-Bhoi (T) Division, Shillong, and deficiencies have
been recorded in the said report, with regard to the site for incidental
extraction.
7. In the considered view of this Court, the consideration for grant of
the Exemption Certificate, therefore will have to be strictly as per the
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2026:MLHC:1254
rd
conditions given by the respondents, more specifically in the letter dated 3
October, 2025, and also by taking into consideration the other necessary
requirements for issuance of the Exemption Certificate. This matter is
therefore disposed of by directing the respondents to re-examine the matter
in its entirety, by taking into account all the relevant materials for grant of
the Exemption Certificate, as discussed hereinabove.
8. It is further provided that the entire exercise be completed within a
period of 2(two) months from the date of this order.
9. This writ petition accordingly stands allowed to the extent indicated
above and is disposed of.

JUDGE
Meghalaya
06-11-2026
“D.Thabah-PS”

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DARIHUN THABAH
Digitally signed by:
Signed On: 06-11-2026 15:27:47 IST
Verified