GUWAHATI:
The Gauhati High Court, on March 31, stopped all mining activities on Tikok colliery by coal India ltd or any other person under the Proposed Saleki Reserve Forest in the Tinsukia district with immediate effect.
In an interim order on a public interest litigation (PIL) filed by Minmoy Khataniar and others, a division bench of the Gauhati High Court comprising Chief Justice Sandeep Mehta and Justice Suman Shyam said, “No mining will be allowed in Tikok OCP under Proposed Saleki Reserve Forest by Coal India or any other persons. Responsibility on Centre and state to ensure that no mining activities take place till requisite conditions of the law are fulfilled.”
In his PIL, the petitioner Mrinmoy Khatoniar, a lawyer of Gauhati High Court, has sought the court‘s intervention in the depleting forest in the Saleki Proposed Reserve Forest under Digboi Forest Division and the illegal mining activities being carried out in the area, particularly being attributed to Coal India Ltd.
Appearing for the petitioner senior lawyer DK Das said the mining in Tikok was being carried out without the approval of the Central government and by violating the Forest Conservation Act, 1980 and directions of the Supreme Court.
“The original lease of the OCP was granted to Coal India Ltd, Margherita in 1973 for 30 years, which expires in 2003. After the expiry of the lease, coal mining was carried out at the OCP without the final approval (stage-II) of the Ministry of Environment, Forest and Climate Change,” Das submitted.
“However, mining was stopped in 2019 after the state government appointed Justice BP Katakey Commission to inquire into the issue of illegal coal mining in the Dehing Patkai Elephant Reserve. The deputy commissioner of Tinsukia submitted before the court that mining is going on in Tikok OCP,” Das argued.
It was also submitted that as the Central government itself has observed that Coal India Ltd is continuing the mining operation even after the 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 levies are deposited and Stage II approval for the project is granted by MoEF & CC.
Based on a PIL No 29/20 filed by Mrinmoy Khataniar, a practising advocate of Guwahati and AmarJyoti Deka, a mountaineer and member of Assam Mountaineering Association and in a batch of other PILs filed in connection with illegal coal mining in Tikok OCP passed orders on Thursday holding that state government has failed to fulfil the letter of the conditions dated November 17, 2020, written by Ministry of Environment Forest and Climate Change to the Deputy Conservator of Forests, Assam wherein 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.
FAC in its meeting held on November 28, 2019, had thorough deliberation and discussion with Dy 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 Regional Office, Shillong. It was 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 of date, the state government should not have allowed mining in the area before final approval under the FCA 1980.
There has been gross neglect on this account on behalf of the state government. 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: state government to abide by all conditions as specified in its recommendations of FAC on June 10-11, 2013.
In addition, 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.
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.
The user agency shall not carry out any work in violation of the provisions of the FCA 1980 till all penalty and compensatory levies 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 5.8.2013.
Based on the recommendations of FAC, in-principle approval was granted by the Ministry, on 26.12.2019.
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. was not honoured by the state Govt and Coal India.
After hearing the argument, the court directed that the Central Government shall ensure no coal mining by Coal India or anyone in the area will take place till the conditions outlined in the above letter by the Central government are satisfied. Immediate steps shall also be taken to ensure that all illegal mining activities in the area in question are stopped forthwith.
“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 which is home to the pristine forests which are virtually the lungs of the earth,” the court said in the order.
“Thus, we direct that the officials of the Central government, in collaboration with the responsible officers of the Assam government, shall ensure that the mining activities being undertaken by Coal India Ltd shall not be allowed unless the conditions are satisfied,” the court said.
“Immediate steps shall also be taken to ensure that all illegal mining activities in the area in question are stopped forthwith,” the court added.
The case for the petitioner was argued by DK Das assisted by RS Chaudhury and H Betala for the petitioners.
The Additional Advocate General PN Goswami appeared for the state of Assam and RKD Choudhury appeared for the Union of India and MZ Ahmed senior advocate appeared for North East Coal India Ltd.