Guwahati, Feb 6: The Gauhati High Court has directed the Principal Secretary (Home and Political Department) and the Director General of Police (DGP), Assam, to personally appear before the court on February 14 over their failure to address illegal coal mining in the Tikok Open Cast Project and the Dehing Patkai Elephant Reserve in Upper Assam’s Tinsukia district.
The directive was issued by a division bench comprising Justice Kalyan Rai Surana and Justice Malasri Nand, following a Public Interest Litigation (PIL) filed by lawyer and activist Mrinmoy Khataniar.
The court observed that illegal mining activities have continued despite multiple orders and notices to the concerned authorities.
The High Court stated that the Principal Secretary (Home and Political) and DGP must appear in court at 10:30 AM on February 14, bringing all relevant police records related to illegal coal mining operations in the region. However, they may avoid personal appearance if they submit an affidavit on or before February 13, detailing the steps taken to shut down illegal mining activities.
“Ordinarily, senior government officials are not summoned to court. However, repeated non-compliance and failure to file affidavits have left us with no choice. If personal appearance is not ensured, the court may initiate contempt proceedings against the erring officials, which will have serious consequences,” the bench observed.
The additional senior government advocate has been directed to ensure that a copy of this order is transmitted to both authorities, and failure to file the required affidavit will be considered a notice for their personal appearance.
The PIL raises multiple concerns, including, opposition to the diversion of 98.59 hectares of forest land in Saleki PRF for the Tikok Open Cast Project, revocation of approvals granted to Coal India Ltd. for mining in the region, declaration of Dehing Patkai Elephant Reserve and its surrounding areas as an ecologically fragile zone, designation of Jeypore Forest Reserve, Tirap PRF, Dalai PRF, and Makumpani PRF as Wildlife Sanctuaries and a demand for a high-level investigation by the CBI or Central Vigilance Commission (CVC) into official misconduct by the Forest Department and Coal India Ltd.
The court noted with concern that its previous order from March 30, 2023, had already addressed illegal coal mining by Coal India Ltd. The court had recorded a submission by the Deputy Solicitor General of India (DSGI) stating that Coal India Ltd. had ceased its mining activities, but new entities had since taken over illegal operations.
Despite this, the Ministry of Environment, Forest and Climate Change, along with the Assam State Government, failed to prevent further illegal mining, leading to the court’s renewed intervention.
The court highlighted the long delay, stating that nearly 22 months have passed since the authorities were first directed to submit an affidavit. The failure to do so has now prompted the High Court to take strict action to ensure accountability and compliance.
