Gauhati High Court Orders Centre, Assam Govt To Stop Illegal Mining By Coal India Ltd In Forest Areas Of Digboi Division

The Gauhati High Court recently directed the Union Government as well as the State Government to stop Coal India Ltd. from undertaking mining activities in Saleki Proposed Reserve Forest until all penalties and compensatory levis are deposited and Stage II approval is granted by Ministry of Environment Forest and Climate Change (MoEF & CC).

The division bench of the Chief Justice Sandeep Mehta and Justice Suman Shyam further directed the authorities to ensure that all illegal mining activities in the said area are stopped forthwith.

The directions were passed by the division bench while hearing a bunch of PILs which highlighted the depleting forest in the Saleki Proposed Reserve Forest under Digboi division and the illegal mining activities being carried out, particularly being attributed to the Coal India Ltd.

The counsel appearing for the petitioner, D. K. Das submitted before the Court that MoEF & CC vide its letter dated November 17, 2020 written to Deputy Conservator of Forests, Assam, observed that the Coal India Ltd. has been continuing the mining operation even after expiry of the original lease period and it should be restrained from carrying out the mining operation in violation of the provisions of the Forest (Conservation) Act, 1980 till all penalties and compensatory levis are deposited and Stage II approval for the project is granted by MoEF & CC.

The said letter read as follows:

“…………….

ii. ………pointed out that the user agency (Coal India Ltd.) is continuing with mining activity over the forest area after the proposal was recommended by the FAC in 2013. It also conveyed that the user agency is continuously working in the area after expiry of original lease period in 2003. In this regard, FAC observed that the violation done by user agency since 2003 to 2013 had been appropriately discussed in 2013 by FAC and accordingly it had recommended appropriate action. As on date, the State Govt. should not have allowed mining in the area prior to final approval under the FCA 1980. There has been gross neglect on this account on behalf of the State Govt.

iii………..

iv. The compliance report from the State Govt. is awaited and final approval under the Forest (Conservation) Act, 1980 has not been accorded by this Ministry.”

However, the Deputy Solicitor General of India, R.K.D. Choudhury submitted that the Coal India Ltd. has stopped its mining activities in the reserved forest areas and the mining activities are being carried out by other persons/ entities.

The court observed that it is the obligation of MoEF & CC in collaboration with the State Government to ensure that illegal mining activities are not carried out within the State of Assam which is home to the pristine forests which are virtually the lungs of the earth.

“Thus, we direct that the concerned officials of the Central Government, in collaboration with the responsible officers of the Assam State Government, shall ensure that the mining activities being undertaken by the Coal India Ltd. shall not be allowed unless the conditions mentioned in the aforequoted letter are satisfied. Immediate steps shall also be taken to ensure that all illegal mining activities in the area in question are stopped forthwith,” the Court said.

The matter is listed again on April 27.

Case Title: Mrinmoy Khataniar & Anr. v. Union of India & 9 Ors.

Coram: The Chief Justice Sandeep Mehta and Justice Suman Shyam

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