Guwahati: The Gauhati High Court has directed the Centre and the Assam government to ensure that no illegal mining activities take place in a forest area under Digboi division in Upper Assam.
A division bench of the Chief Justice Sandeep Mehta and Justice Suman Shyam, issued the directive while hearing PILs highlighting the depleting forest cover in the Saleki Proposed Reserve Forest and the illegal mining activities being carried out, particularly attributed to Coal India Ltd.
D.K. Das, the counsel representing the petitioner, had submitted before the court that the ministry of environment, forest and climate change (MoEF & CC), vide its letter, dated November 17, 2020, written to the deputy conservator of forests, Assam, observed that as Coal India Ltd had been continuing mining operations even after expiry of the original lease period, it should be restrained from carrying out the mining operations 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.
Addressing the court on the prayer for interim stay, the counsel representing the petitioner in PIL 29/2020 and PIL 39/2022 drew attention of the bench to the letter.
“The proposal for diversion of 98.59 hectares of forest land for Tikok Open Cast Project in Saleki proposed reserve forest 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,” the letter from the ministry read.
“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 June 10-11, 2013 and November 28, 2019,” the letter read.
“(ii) FAC in its meeting held on November 28, 2019 had thorough deliberation and discussion with the Deputy DG Regional Office, Shillong. The matter was also discussed with the representatives of the user agency. After discussion, it was observed that the site inspection was carried out by the Regional Office, Shillong,” it read.
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 the expiry of the original lease period in 2003.
In this regard, FAC observed that the violation done by the user agency from 2003 to 2013 had been appropriately discussed in 2013 by FAC and accordingly it had recommended appropriate action.
“As on date, the state government 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 government,” it read.
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:
The state government shall abide by all conditions as specified in its recommendations of FAC In addition, the state government shall take action for the violation, carried by the user agency after June 10-11, 2013, as per paragraph 1.21 of the Comprehensive Guidelines dated March 28, 2019.
“The state government 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,” FAC recommended.
“User agency shall not carry out any work in violation of the provisions of the FCA 1980 till all penalties and compensatory levis are deposited and Stage II approval for the project is granted by MoEF & CC. Chief Wild Life Warden shall submit his independent comments as requested by MoEF & CC vide letter dated August 5, 2013,” it recommended.
“Based on the recommendations of FAC, in-principle approval was granted by the Ministry, on 26.12.2019. The compliance report from the state government is awaited and final approval under the Forest (Conservation) Act, 1980 has not been accorded by this ministry,” the FAC recommended.
Deputy Solicitor General of India R.K.D Choudhury, submitted that as a matter of fact, 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.
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“Be that as it may, undisputedly 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,” the division bench ordered.
“Thus, we direct that the concerned officials of the central government, in collaboration with the responsible officers of the Assam government, shall ensure that the mining activities being undertaken by the Coal India Ltd shall not be allowed unless the conditions mentioned in the letter (by the ministry to deputy conservator of forests, Assam) are satisfied,” the court ordered.
“Immediate steps shall also be taken to ensure that all illegal mining activities in the area in question are stopped forthwith,” it said.
The matter is listed again in the court on April 27, 2023.
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