Will Implement Remedial Measures To Check Illegal Mining Activities In Dehing Patkai Elephant Reserve: Assam Govt Assures High Court

The Gauhati High Court on Tuesday was informed that the Assam Government has decided to implement, in phased manner, the recommendations and the remedial measures suggested by the One-Man Enquiry Commission for the purpose of checking the illegal mining activities in the Dehing Patkai Elephant Reserve at Patkai Hills.

The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam was hearing a Suo Moto PIL in respect of the illegal mining at Patkai Hills in which it was pleaded that Dehing Patkai Elephant Reserve of which Saleki is a part, is the largest rainforest in India and stretches for 575 sq. kms across Tinsukia, Dibrugarh and Sivasagar districts of Upper Assam.

It was submitted that the biodiversity of the forest land is in danger on account of establishment of high polluting industries such as coal mine, oil refineries, gas drilling etc. It was also contended that large number of animals and birds living in the area are also affected by the illegal activities in the said area.

The Assam Government vide notification dated July 18, 2020 while exercising powers under Section 3 of the Commissions of Inquiry Act, 1952, had constituted a 'One-Man Enquiry Commission' headed by Justice (Retd.) B.P. Katakey, retired Judge of the Gauhati High Court to cause an enquiry into the aforesaid allegations with specific Terms of Reference for the Commission. The Commission submitted its report to the State Government on April 17, 2021.

The Additional Advocate General of Assam appearing for the State submitted that the State Government vide notification dated June 15, 2021 has declared the Dehing Patkai area as National Park which comprises of district Tinsukia and Dibrugarh and Forest Division of Digboi and Dibrugarh.

It was further submitted that the State Government will take steps in phase manner on the suggested remedial measures to check the illegal coal mining activities in the area and will make every endeavour to complete those remedial measures at the earliest.

“Taking into consideration the above facts and circumstances of the case, we are of the opinion that the object of registering the present PIL is fructified. Hence, no further order is required to be passed in this PIL and the same is, therefore, disposed of,” the Court noted.

Case Citation: 2024 LiveLaw (Gau) 12

Case Title: XXXX v. In Re-The Union of India & 7 Ors.

Case No.: PIL(Suo Moto)/3/2020

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