Gauhati High Court
Xxxx vs In Re - The Union Of India And 7 Ors on 8 November, 2021
Bench: N. Kotiswar Singh, Malasri Nandi
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.
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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
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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
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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
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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 MRS. JUSTICE MALASRI NANDI order 08-11 -2021 [N. Kotiswar Singh, J] Heard Mr. D.K. Das, learned counsel for the petitioner in PIL no.29/2020, Mr. V. Rajkhowa, petitioner-in-person appearing in PIL no.30/2020, Mr. H. Dutta, learned counsel for the petitioner in PIL no.36/2020 and Mr. S. Dey, learned counsel for ht petitioners in PIL no.45/2020. Also heard Mr. R.K. D. Choudhury, learned Asstt. SGI and Mr. P.N. Goswami, learned Additional Advocate General, Assam for the respondents.
1. It has been submitted by Mr. P.N. Goswami, learned Additional Advocate General, Assam, in PIL no.29/2020 that the recommendation made by Justice B.P.Katakey One-Man Inquiry Commission will be placed before the State Legislature as required under Section 3(4) of the Commissions of Inquiry Act, 1952, which provides for proper laying of the report before the Assembly within a period of 6 (six) months from the submission of the report. It has been submitted that the Assembly is stated to be convened in the end of November, 2021 and as such, it will be placed before the Assembly. It has been further submitted that another One-Man Committee, headed by Sri P.K. Borthkaru, IAS, Additional Secretary to the Government of Assam, Environment & Forest Department, was constituted to fix responsibility on the Government officials, responsible for the delay and non-submission of the required information by the concerned Departments to the Justice B.P. Katakey One-Man Enquiry Commission into the allegation of Coal Mining Activities in Saleki Proposed Reserved Forest under Digboi Forest Division including Tikok Open Cast Project as per notification dated 20.09.2021. Further, another task force was constituted vide notification dated 20.09.2021 to spell out the action owners along with the time frame for implementation of the recommendation of the Justice B.P. Katakey One-Man Enquiry Commission and as such, it Page No.# 11/11 has been submitted that all necessary actions shall be taken in connection with the aforesaid matter and prays that the matter may be listed on 17.12.2021 to apprise this Court about the latest position of the case.
2. Mr. V. Rajkhowa, petitioner-in-person appearing in PIL no.30/2020 submits that the Standing Committee of National Board for Wild Life took a decision on 05.10.2020 for constituting a Two Members Fact Finding Committee comprising of an official each from the Ministry and the Assam Forest Department and to submit the said report within a month. The Committee also took the decision for complete stoppage of mining by M/s North Eastern Coal Field, Coal India Limited of the Indian Oil in the proposed area which is a part of Dehing Patkai Elephant Reserve Forest. It has been submitted by Mr. Rajkhowa that the report dated 05.10.2020 would be highly necessary for just determination of the issues involved in this PIL and seeks for a direction to the respondent no.3 for furnishing a copy of the said report before this Court.
Mr. R.K. Dev Choudhury, learned Asstt. SGI, Assam submits that he will submit a copy of the same by the next date i.e. on 17.12.2021.
3. Mr. R. Dutta, learned counsel for the petitioner in PIL no.36/2020, submits that the affidavit of the respondent no.1 would be highly necessary.
Mr. R.K. Dev Choudhury, leaned Asstt. SGI, submits that he will file the same by the next date i.e. 17.12.2021.
Accordingly, list all these matters on 17.12.2021.
JUDGE JUDGE Comparing Assistant