Gauhati High Court Asks Principal Secretary, DGP About Steps Taken To Stop Illegal Coal Mining In Assam Forest
The Gauhati High Court recently asked Assam's Principal Secretary (Home and Political), Assam and the Director General of Police (DGP) about the steps taken to stop illegal coal mining activities in the concerned forest areas where it has been alleged to take place. The court in its order directed the personal appearance of the officers after noting that an affidavit on the issue had not...
The Gauhati High Court recently asked Assam's Principal Secretary (Home and Political), Assam and the Director General of Police (DGP) about the steps taken to stop illegal coal mining activities in the concerned forest areas where it has been alleged to take place.
The court in its order directed the personal appearance of the officers after noting that an affidavit on the issue had not been filed despite 22 months having gone by; it however also said that their personal appearance would not be required if the affidavit on steps taken to stop illegal mining activities is filed by February 13.
The said direction was passed by the division bench of Justice Kalyan Rai Surana and Justice Malasri Nandi in a PIL assailing of the proposal of diversion of 98.59 hectare of forest land in Saleki PRF (Proposed Reserve Forest) for Tikok Open Cast Project and for setting aside the approval granted to the Coal India Ltd.
Thus, the Court directed as follows:
- That, the Principal Secretary to the Govt. of Assam, Home and Political Department (Head of the Department by whatever nomenclature addressed), and the Director General of Police, Assam shall personally appear before the Court at 10:30 am on February 12, along with all the relevant records of the concerned police station within the area of which such illegal coal mining operations are being alleged.
- The personal appearance would not be required if an affidavit, as directed earlier is filed positively on February 13, 2025, failing which the personal appearance as directed earlier is required to be complied with.
- The affidavit to be filed should indicate the steps taken for closure of all illegal mining activities within the area covered by the PIL and also referred in the court's order.
The court further said, “The Court is conscious of the fact that, ordinarily, Government officials holding top positions ought not to be called before this Court. However, if personal appearance is not ordered, it appears that no affidavits are being filed. Therefore, the only alternative would be to initiate contempt proceedings against the erring officials for adversely affecting the administration of justice through their non-cooperation, which will have far-reaching consequences".
It thus asked the asked the government counsel to ensure that the copy of the court's order is transmitted to the two authorities, which will constitute a notice to them for their personal appearance on their failure to file affidavit as directed.
The other issues raised in the PIL are as follows:
- to declare the Dehing Patkai Elephant Forest Reserve and the corridors and other eco-sensitive areas around the said sanctuary as ecological fragile region;
- to declare Jeypore Forest Reserve, Tirap PRF, Dalai PRF, Makumpani PRF under Dibrugarh and Digboi Forest Division as Wildlife Sanctuary;
- for high level enquiry by the CBI or by the CVC to fasten criminal and civil liability on the erring official of the forest department as well as against the officials of Coal India Ltd., purported to be in terms of the directions issued by the Supreme Court of India in the case of T.N. Godavarman, Thirumulpad.
Earlier, the Court was informed by the DSGI that Coal India Ltd., had stopped its mining activities in the reserve forest area and the mining activities are now been carried on by some other entities.
While noting that it is the obligation of the Ministry of Environment and Forest and Climate Change in collaboration with the State Government to ensure that the illegal mining activities are not carried out within the State of Assam, the Court vide order dated March 30, 2023, directed the concerned officials of the Central Government in collaboration with the responsible officials of the State Government to ensure that the mining activities shall not be allowed unless conditions mentioned in the letter quoted in the order dated March 30, 2023 are satisfied.
However, the Court observed that even after about 22 months the affidavit, regarding the issue, by the Home Department of the State as well as by the Director General of Police, Assam had not been filed to date.
The PIL is listed again on February 14.
Case Title: Mrinmoy Khataniar & Anr. v. Union of India & 9 Ors.
Case No.: PIL/29/2020
