The Gauhati High Court has observed that it is the obligation of the Ministry of Environment, Forests and Climate Change in collaboration with the State Government to ensure illegal mining is not carried out within Assam, which is home to pristine forests.
The Division Bench of Chief Justice Sandeep Mehta and Justice Suman Shyam heard a bunch of Public Interest Litigations (PILs) highlighting the depleting forest in the Saleki Proposed Reserve Forest under Digboi division and the illegal mining activities being carried out in this area, particularly being attributed to respondent Coal India Ltd.
Addressing the High Court on the prayer for interim stay, counsel D.K. Das, representing the petitioner, drew its attention to the letter dated 17.11.2020 of the Ministry of Environment Forest and Climate Change to the Deputy Conservator of Forests, Assam the contents whereof are reproduced hereinbelow for the sake of ready reference;
“Sir, I am directed to refer to the letter no. BPKJ/GOM/Notice/2020-2021/20 dated 29.09.2020 on the subject mentioned above and to say that the proposal for diversion of 98.59 ha of Forest Land for Tikok Open Cast Project in Saleki PRF under Digboi Division by North Eastern Coalfield, Coal India Ltd., Assam has been examined by the Forest Advisory Committee (FAC) constituted by the Central Government under section-3 of the Forest (Conservation) Act, 1980 and the present status of the said proposal in the Ministry is as follows:
i. The proposal for use of 98.59 of Reserve Forest land from Saleki proposed reserve forest of Dehing Patkai Elephant Reserve for Tikok OCP coal mining was submitted to this Ministry in 2013 and the said proposal was examined by the FAC in its meeting held on 10-11 June, 2013 and 28.11.2019.
ii. FAC in its meeting held on 28.11.2019 had thorough deliberation and discussion with Dy DG Regional Office, Shillong. The matter was also discussed with the representatives of user agency. After discussion, it was observed that the Site Inspection carried was out by Regional Office, Shillong. It was clearly pointed out that the user agency 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. After perusing all records and facts related to the project proposal FAC recommended the proposal for approval of Stage-I with Standard, General and following specific conditions:
a. State Govt. to abide by all conditions as specified in its recommendations of FAC on dated 10-11th June, 2013.
b. In addition to above, the State Govt. shall take action for the violation, carried by the user agency after 10-11th June 2013, as per para 1.21 of the Comprehensive Guidelines dated 28th March 2019.
c. The State Govt. shall inquire into the matter of gross violation and identify officials responsible for this violation and action should be taken against them under intimation to the MoEF & CC.
d. User agency shall not carry out any work in violation of the provisions of the FCA 1980 till all penalty and compensatory levis are deposited and Stage II approval for the project is granted by MoEF & CC.
e. Chief Wild Life Warden shall submit his independent comments as requested by MoEF & CC vide letter dated 5.8.2013. iii. Based on the recommendations of FAC, in-principle approval was granted by the Ministry, on 26.12.2019. 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.”
D.K. Das submitted that as the Central Government itself has observed that the user agency, i.e. the Coal India Ltd. is continuing the mining operation even after expiry of the original lease period, 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.
R.K.D. Choudhury, Deputy Solicitor General of India submitted that as a matter of fact, the Coal India Ltd. has stopped its mining activities in the reserved forest areas and the mining activities are actually being carried out by other persons/ entities.
Thus, the High Court directed 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 matter has been listed on 27.04.2023 for further hearing.