Gauhati HC Orders Centre And State Govt To Halt Illegal Mining By Coal India Ltd.

The Gauhati High Court recently ordered the Union Government and the State Government to prevent Coal India Ltd. from mining in the Saleki Proposed Reserve Forest.

The court ordered them to halt the process until all penalties and compensatory levies were paid and approval from the Ministry of Environment, Forestry, and Climate Change was obtained (MoEF & CC).

A division bench comprised of Chief Justice Sandeep Mehta and Justice Suman Shyam was hearing a bunch of PILs highlighting the depleting forest in the Saleki Proposed Reserve Forest under Digboi division and illegal mining activities, particularly those attributed to Coal India Ltd.

Advocate D.K. Das, appearing on behalf of the petitioners (Mrinmoy Khataniar & Anr), submitted before the Court that the MoEF & CC, in its letter dated November 17, 2020, written to the Deputy Conservator of Forests, Assam, observed that the Coal India Ltd. has been continuing the mining operation even after the expiry of the original lease period and that 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.

However, the Deputy Solicitor General of India, R.K.D. Choudhury, stated that Coal India Ltd. has ceased mining operations in reserved forest areas, and that mining operations are now carried out by other persons/entities.

The bench stated that it is the responsibility of the MoEF and 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 pristine forests that serve as the  lungs of the earth.

“As a result, we direct that the concerned officials of the Central Government, in collaboration with the responsible officers of the Assam State Government, ensure that the mining activities undertaken by Coal India Ltd. are not permitted unless the conditions specified in the letter are met. Immediate steps must also be taken to ensure that all illegal mining activities in the affected area cease immediately,” the division bench stated.

Thus, the bench scheduled the matter for further hearing on 27^th April, 2023.