Gauhati High Court
Xxxx vs In Re - The Union Of India And 7 Ors on 10 September, 2021
Bench: N. Kotiswar Singh, Manish Choudhury
Page No.# 1/11
GAHC010077512020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL(Suo Moto)/3/2020
XXXX
GUWAHATI, ASSAM
VERSUS
IN RE - THE UNION OF INDIA AND 7 ORS
REPRESENTED BY SECRETARY, MINISTRY OF MINES, SHASTRI BHAWAN,
DR. RAJENDRA PRASAD ROAD, ROOM NO. 320, A-WING, NEW DELHI -
110001
2:THE STATE OF ASSAM
REPRESENTED BY THE CHIEF SECRETARY
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI - 781006
3:THE SECRETARY TO THE GOVERNMENT OF ASSAM
HOME AND POLITICAL DEPARTMENT
DISPUR
GUWAHATI - 781006
4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FOREST AND ENVIRONMENT DEPARTMENT
DISPUR
GUWAHATI - 781006
5:THE PRINCIPAL CHIEF CONSERVATOR AND HEAD OF FOREST FORCE
ARANYA BHAWAN
PANJABARI
GUWAHATI - 781037
Page No.# 2/11
6:THE DIRECTOR
THE DIRECTORATE OF GEOLOGICAL AND MINING DEPARTMENT
KAHILIPARA
GUWAHATI - 781019
7:COAL INDIA LIMITED
REPRESENTED BY THE CHAIRMAN-CUM-MANAGING DIRECTOR
COAL BHAWAN
PREMISE NO.04 MAR
PLOT NO. AF-III
ACTION AREA-1A
NEWTOWN
RAJARHAT
KOLKATA - 700156
8:THE DEPUTY COMMISSIONER
DISTRICT - TINSUKIA
ASSAM
PIN - 78612
Advocate for the Petitioner : MR. T J MAHANTA, SR. ADV
Advocate for the Respondent : MR. M Z AHMED (R7)
Linked Case : PIL/36/2020
BASANTA DEKA
S/O. LT. LOKNATH DEKA
R/O. KARUNAMOYEE HOUSING APARTMENT
M.C. ROAD
UZAN BAZAR
GUWAHATI-781003.
VERSUS
THE UNION OF INDIA AND 5 ORS.
REP. BY SECRETARY
MINISTRY OF ENVIRONMENT
FOREST AND CLIMATE CHANGE
(MoEF AND CC)
GOVT. OF INDIA
NEW DELHI.
Page No.# 3/11
2:THE NATIONAL BOARD OF WILD LIFE (NBWL)
REP. BY THE CHAIRPERSON
MINISTRY OF ENVIRONMENT
FOREST AND CLIMATE CHANGE
(MoEF AND CC)
GOVT. OF INDIA
NEW DELHI.
3:THE STATE OF ASSAM
REP. BY ITS CHIEF SECRETARY
ASSAM SACHIVALAYA
DISPUR
GUWAHATI-06.
4:THE ASSAM STATE BOARD FOR WILD LIFE (SBWL)
REP. BY THE CHAIRPERSON
DEPTT. OF ENVIRONMENT
GOVT. OF ASSAM
ASSAM SACHIVALAYA
DISPUR
GUWAHATI-06.
5:THE GENERAL MANAGER
M/S COAL INDIA LTD.
COAL BHAWAN
PREMISE NO.004
MAR
PLOT NO.AF-III
ACTION AREA 1A
NEWTON RAJARHAT
KOLKATA-7000156.
6:THE GENERAL MANAGER
M/S NORTH EASTERN COAL FIELDS LTD.
COAL INDIA LTD.
BLACK DIAMOND TOWERS
G.S. ROAD
GUWAHATI.
------------
Advocate for : MR. T GOGOI
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS.
Linked Case : PIL/29/2020
Page No.# 4/11
MRINMOY KHATANIAR AND ANR.
S/O- LATE BIJOY CH KHATANIAR
R/O- NARIKALBARI PATH
MT ROAD
GUWAHATI- 781024
2: AMAR JYOTI DEKA
S/O- LATE BHABENDRA NATH DEKA
R/O- H NO. 20
NAMONI PATH
KARBI PATH
MOTHER TERESA PATH
P.O- BAMUNIMAIDAM
P.S- GEETANAGAR
GHY- 21
ASSAM
VERSUS
UNION OF INDIA AND 9 ORS
REP. BY THE SECRETARY TO THE GOVT OF INDIA
MIN OF ENVIRONMENT
FOREST AND CLIMATE CHANGE
INDIRA PARYAVARAN BHAWAN
JORBAGH ROAD
NEW DELHI- 110003
2:MINISTRY OF ENVIRONMENT AND FOREST AND CLIMATE CHANGE
NER OFFICE
LAW U SIB
LUMBATNGEN
NEAR MTC WORKSHOP
SHILLONG- 7930211
3:THE STATE OF ASSAM
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM
ENVIRONMENT AND FOREST DEPTT
DISPUR
GUWAHATI- 06
4:THE CHIEF SECRETARY
TO THE GOVT OF ASSAM
DISPUR SECRETARIAT COMPLEX
GUWAHATI- 06
5:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF
FOREST FORCE
H BLOCK
2ND FLOOR
JANATA BHAWAN
DISPUR
GUWAHATI- 781006
Page No.# 5/11
ASSAM
6:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (WILDLIFE)
H BLOCK
2ND FLOOR
JANATA BHAWAN
DISPUR
GUWAHATI- 781006
ASSAM
7:NATIONAL BOARD FOR WILDLIFE
REP. BY THE STANDING COMMITTEE OF NATIONAL BOARD FOR WILDLIFE
MIN OF ENVIRONMENT
FOREST AND CLIMATE CHANGE (WILDLIFE DIVISION)
6TH FLOOR
VAYU WING
INDIRA PARYAVARAN BHAWAN
JORBAGH ROAD
NEW DELHI- 110003
8:STATE BOARD FOR WILDLIFE
REP. BY ITS CHAIRMAN
DISPUR SECRETARIAT COMPLEX
GUWAHATI- 06
9:COAL INDIA LIMITED
COAL BHAWAN
PREMISE NO. 04 MAR
PLAT NO AF-III
ACTION AREA -1A
NEW TOWN
RAJARHAT
KOLKATA- 700156
10:CHIEF GENERAL MANAGER
NE COAL FIELDS
COAL INDIA LIMITED
SUB DIV MARGHERITA
DIST- TINSUKIA
ASSAM
PIN- 786181
------------
Advocate for : MR. D K DAS
Advocate for : ASSTT.S.G.I. appearing for UNION OF INDIA AND 9 ORS
Linked Case : PIL/45/2020
BIBEK DAS AND ANR
S/O- LATE REBAKANTA DAS
R/O- VILL- KUHIARBARI
P.O- ARAGANG
Page No.# 6/11
P.S- GINGIA
DIST- BISWANATH
ASSAM
PIN- 784167
2: PANKAJ KUMAR DAS
S/O- LATE LAMBODAR DAS
R/O- H NO. 49
BYE LANE 3
SREENAGAR
R G BARUAH ROAD
P.S- DISPUR
DIST- KAMRUP (M)
ASSAM
PIN- 781005
VERSUS
THE UNION OF INDIA AND 7 ORS
REP. BY THE SECRETARY
MIN OF ENVIRONMENT
FOREST AND CLIMATE CHANGE
GOVT OF INDIA
NEW DELHI- 110001
2:NATIONAL BOARD FOR WILDLIFE
REP. BY THE DIRECTOR OF WILDLIFE PRESERVATION
PARYAVARAN BHAWAN
LODI ROAD
NEW DELHI- 110001
3:MIN OF MINES
GOVT OF INDIA
REP. BY ITS SECRETARY (MINES)
NEW DELHI- 110001
4:THE STATE OF ASSAM
REP. BY PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF
FOREST FORCE
DEPTT OF ENVIRONMENT AND FORESTS
GOVT OF ASSAM
ARANYA BHAWAN
PANJABARI
GUWAHATI
ASSAM
PIN- 781037
5:DEPTT OF MINES AND MINERALS
GOVT OF ASSAM
REP. BY ITS ADDL CHIEF SECRETARY TO THE GOVT OF ASSAM
ASSAM SECRETARIAT
GUWAHATI- 781006
Page No.# 7/11
ASSAM
6:THE DIVISIONAL FOREST OFFICER
DIGBOI FOREST DIVISION
P.O- DIGBOI
DIST- TINSUKIA
ASSAM
PIN- 786171
7:THE GENERAL MANAGER
COAL INDIA LIMITED
COAL BHAWAN
PREMISE NO. 04
MAR
PLOT NO AF III
ACTION AREA - 1A
NEW TOWN
RAJARHAT
KOLKATA- 700156
WEST BENGAL
8:THE GENERAL MANAGER
M/S NORTH EASTERN COALFIELDS COAL INDIA LIMITED
BLACK DIAMOND TOWERS
GS ROAD
GUWAHATI
ASSAM
PIN- 781006
------------
Advocate for : MS. D GHOSH
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS
Linked Case : PIL/30/2020
VIKRAM RAJKHOWA AND ANR.
S/O SRI JYOTI PRASAD RAJKHOWA
R/O NARIKAL BARI
P.S GEETANAGAR
GUWAHATI-781024
DIST. KAMRUP(M)
ASSAM
2: SANTANU BARTHAKUR
S/O SRI AWANI BARTHAKUR R/O GANESH MANDIR PATH
NEW GUWAHATI
P.S. NOONMATI
DIST. KAMRUP(M)
ASSAM
VERSUS
Page No.# 8/11
THE UNION OF INDIA AND 16 ORS.
REP. BY THE SECRETARY MINISTRY OF ENVIRONMENT FOREST AND
CLIMATE CHANGE (MOEF AND CC)
GOVT. OF INDIA
NEW DELHI
2:THE SECRETARY
MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE GOVT. OF
INDIA
NEW DELHI
3:THE CHAIRPERSON
STANDING COMMITTEE OF NATIONAL BOARD FOR WILD LIFE (NBWL)
MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE GOVT. OF
INDIA
NEW DELHI
4:THE CHAIRPERSON
NATIONAL BIODIVERSITY AUTHORITY (NBA)
MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE GOVT. OF
INDIA
NEW DELHI
5:THE CHAIRPERSON
FOREST ADVISORY COMMITTEE (FAC)
MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE GOVT. OF
INDIA
NEW DELHI
6:THE COMMISSIONER AND SECREATRY
ENVIRONMENT AND FOREST DEPTT. GOVT. OF ASSAM
SACHIVALAYA
DISPUR
GUWAHATI-781006
ASSAM
7:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
ARANYA BHAWAN
PANJABARI
GUWAHATI
8:THE DIVISIONAL FOREST OFFICER
DIGBOI FOREST DIVISION
P.O. DIGBOI
DIST. TINSUKIA
9:THE CHAIRPERSON
STATE BOARD FOR WILD LIFE (SBWL)
ASSAM
DEPTT. OF ENVIRONMENT AND FOREST
GOVT. OF ASSAM
ASSAM SACHIVALAYA
DISPUR
GUWAHATI-781006
Page No.# 9/11
10:THE CHAIRPERSON
ASSAM STATE BIODIVERSITY BOARD (ASBB)
DEPTT. OF ENVIRONMENT AND FOREST
GOVT. OF ASSAM
ASSAM SACHIVALAYA
DISPUR
GUWAHATI-781006
11:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
MINES AND MINERALS DEPTT. ASSAM SACHIVALAYA
DISPUR
GUWAHATI-781006
12:THE DEPUTY COMMISSIONER
TINSUKIA
O/O DEPUTY COMMISSIONER
BORGURI
DIST. TINSUKIA
13:THE DIRECTOR GENERAL OF POLICE
ASSAM
ASSAM POLICE HEAD QUARTERS
ULUBARI
GUWAHATI-781007
14:THE SUPERINTENDENT OF POLICE
TINSUKIA
O/O THE SUPERINTENDENT OF POLICE
BORGURI
DIST. TINSUKIA
15:THE STATE OF ARUNACHAL PRADESH
REP. BY ITS CHIEF SECREATRY
ITANAGAR
ARUNACHAL PRADESH
16:THE GENERAL MANAGER
M/S COAL INDIA LTD. COAL BHAWAN PREMISE NO. 004 MAR
PLOT NO. AF-III
ACTION AREA-1A
NEWTOWN
RAJARHAT
KOLKATA-700156
17:THE GENERAL MANAGER
M/S NORTH EASTERN COALFIELDS
COAL INDIA LTD. BLACK DIAMOND TOWER
GS ROAD
GUWAHATI
KAMRUP (M)
ASSAM
------------
Advocate for : PETITIONER IN PERSON
Advocate for : GA
Page No.# 10/11
ASSAM appearing for THE UNION OF INDIA AND 16 ORS.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE MANISH CHOUDHURY
ORDER
10.09.2021 [N. Kotiswar Singh, J.] Heard Mr. T.J. Mahanta, learned Senior counsel for the Gauhati High Court. Also heard Ms. R.S. Chowdhury, learned counsel appearing for the petitioners in PIL No.29/2020; Mr. V. Rajkhowa, petitioner-in-person, in PIL No.30/2020. Also heard Mr. N. Dutta, learned Senior counsel, Mr. R.K.D. Choudhury, learned ASGI and Mr. P.N. Goswami, learned Additional Advocate General, Assam, appearing for the respondents.
The matter pertains to alleged illegal coal mining taking place in the State of Assam. In this regard, the Government of Assam has already constituted a Commission under the Commissions of Inquiry Act, 1952 vide notification dated 18.07.2020, as "Justice B.P. Katakey Commission of Inquiry".
It has been submitted by Mr. P.N. Goswami, learned Additional Advocate General for the State that the report of the Commission of Inquiry has been submitted sometime in the 2nd half of April, 2021.
Section 3(4) of the Commissions of Inquiry Act provides that the appropriate Government shall cause to be laid before the Legislature of the State, the report, if any, of the Commission on the inquiry made by the Commission under sub-section (1) together with a memorandum of the action taken thereon, within a period of six months of the submission of the report by the Commission to the appropriate Government. Since the Commission of Inquiry has looked into various issues raised, it will be profitable to have a look into the report which however cannot be done by this Court at this stage unless the same is laid before the Legislative Assembly of the State as provided under Section 3(4) of the Commissions of Inquiry Act, 1952.
Page No.# 11/11 Since the period of six months for submission of the report would elapse sometime in the month of October, 2021, let the matters be listed in the first week of November, 2021 for further consideration of this Court.
Ms. R.S. Chowdhury, learned counsel for the petitioners in PIL No.29/2020 submits that unfortunately, in spite of assurance by the authorities, illegal mining of coal is still taking place.
However, this issue can be considered only when appropriate affidavit is filed with supporting documents so as to enable this Court to consider the said claim made by the petitioners, for which the petitioners may file the necessary affidavit to that effect.
Let the matters be listed on 08.11.2021.
Sd/- Manish Choudhury Sd/- N. Kotiswar Singh
JUDGE JUDGE
Comparing Assistant