Gauhati high court warns Assam govt on illegal coal mining

A division bench of justices Kalyan Rai Surana and Malasri Nandi directed the principal secretary of the state’s home and political department and the Director General of Police to personally appear on February 14, unless an affidavit as earlier directed by the court, is filed by the state government on February 13.

“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,” the court order said.

“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 added.

The court was hearing a public interest litigation filed in 2020 by Mrinmoy Khataniar highlighting the proposed diversion of 98.59 hectare of forest land in Saleki proposed reserve forest (PRF) for open cast mining and for setting aside the approval granted to the Coal India Limited.

Other issues raised in the PIL was to declare the Dehing Patkai elephant forest reserve and the corridors and other eco-sensitive areas around the said sanctuary as ecological fragile region; and also to declare Jeypore forest reserve and the Tirap, Dalai and Makumpani proposed reserve forests under Dibrugarh and Digboi forest division as wildlife sanctuary and for high level enquiry by the Central Bureau of Investigation or by the Central Vigilance Commission to fasten criminal and civil liability on the erring officials of the forest department as well as against the officials of Coal India.

“In the said context, an affidavit by the home department of the state as well as by the DGP Assam was deemed to be essential. About 22 months approximately has gone by and the affidavit by the said two authorities have not been filed. Therefore, the court has no other option but to ensure compliance of the orders of the court upon the said authorities to file an affidavit,” the order said.

The court directed the home department and the state police to file an affidavit on February 13 indicating the steps taken for closure of all illegal mining activities within the area covered by the PIL. If the affidavit isn’t filed on that date, the two senior officers will have to personally appear before the court on February 14, the next date of the hea

Earlier, the court had taken note of alleged illegal coal mining operations by Coal India Ltd. Coal India Ltd had claimed that it had stopped its mining activities in the reserve forest area and the mining activities are now being carried on by some other entities.

Advocates DK Das and RS Choudhury appeared for the petitioners.