Gauhati High Court: In a batch of PILs challenging the proposed diversion of forest land in Saleki, for setting aside approval granted to Coal India Ltd., declaration of Dehing Patkai forest as an ecologically fragile zone, and other grounds, the Division Bench of Kalyan Rai Surana* and Malasri Nandi, JJ., directed the personal appearance of the Principal Secretary, Home and Political Department, and the DGP on the next date, i.e., 14-02-2025 due to non-compliance of Court order since last 22 months. The Court also directed the filing of affidavits detailing steps taken against illegal mining in Assam forests.
The batch of PILs was filed
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Challenging the proposal of diverting 98.59 hectares of forest land in Saleki Proposed Reserved Forest(‘PRF’) for the Tikok Open Cast Project
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For setting aside the approval granted to the Coal India
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Declaration of the Dehing Patkai Elephant Forest Reserve, other corridors, and eco-sensitive areas around the sanctuary as an ecologically fragile region
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Declaration of Jeypore Forest Reserve, Tirap PRF, Dalai PRF, and Makumpani PRF as a wildlife sanctuary
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For directing a high-level enquiry by the Central Bureau of Investigation(‘CBI’) or by the Central Vigilance Commission(‘CVC’) to fasten criminal and civil liability on the erring officials of the forest department and Coal India Ltd., for violating the directions issued by the Supreme Court in T.N. Godavarman Thirumulpad v. Union of India, (2013) 8 SCC 204.
Vide order dated 30-03-2023, the Court had taken note of the illegal coal mining operations undertaken by Coal India and recorded the statements of Deputy Solicitors General of India stating that Coal India had stopped its mining activities in the reserve forest area and the mining activities were being conducted by some other entities. The Court had stated that undisputedly, it was the obligation of the Ministry of Environment and Forest and Climate Change in collaboration with the State Government to ensure that illegal mining activities were not carried out in Assam.
Therefore, a direction was issued to the Central and State Government officials concerned to ensure that the mining activities were not allowed unless the conditions mentioned in the letter quoted in the above stated order were satisfied.
In this regard, the State Home Department and Director General of Police (‘DGP’) were required to furnish affidavits, however, the Court noted that in the last 22 months, the affidavits had not been filed.
The Court remarked that it was conscious of the fact that, ordinarily, Government officials holding top positions ought not to be called before the Court. However, if personal appearance was not ordered, it appeared that no affidavits were being filed. Therefore, the only alternative was to initiate contempt proceedings against the erring officials for adversely affecting the administration of justice through their non-cooperation, which would have far-reaching consequences.
Noting this, the Court stated that it had no other option but to ensure compliance by giving the following directions:
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The Principal Secretary, Home and Political Department, Assam Government, and the DGP shall appear before the Court on 14-02-2025 along with all the relevant records of the police station concerned within whose jurisdiction such illegal coal mining operations were allegedly being conducted.
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The personal appearance would not be required if an affidavit was filed by 13-02-2025.
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The affidavit to be filed shall indicate the steps taken for closure the of all illegal mining activities within the area covered by this PIL and referred herein.
[Mrinmoy Khataniar v. Union of India, 2025 SCC OnLine Gau 387, decided on 06-02-2025]
*Order authored by Justice Kalyan Rai Surana
Advocates who appeared in this case :
For the petitioner: DK Das, RS Chowdhury, S Biswakarma, T Das, and T Gogoi
For the respondent: Assistant S.G.I., Addl. AG PN Goswami, Government Advocate SK Dutta (Intervener), MZ Ahmed, B Dutta, and SK Sharma
