Gauhati High Court
In Re- Dima Hasao Tragedy vs The Chief Secretary To The Govt. Of Assam ... on 11 March, 2026
Page No.# 1/19
GAHC010016952025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL(Suo Moto)/1/2025
IN RE- DIMA HASAO TRAGEDY
NA
VERSUS
THE CHIEF SECRETARY TO THE GOVT. OF ASSAM AND 8 ORS.
JANATA BHAWAN, DISPUR, GUWAHATI-781006
2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM
MINES AND MINERALS DEPARTMENT
JANATA BHAWAN
DISPUR, GUWAHATI-781006
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST DEPARTMENT
JANATA BHAWAN
DISPUR, GUWAHATI-781006
4:THE SECRETARY TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPARTMENT
JANATA BHAWAN
DISPUR, GUWAHATI-781006
5:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
REVENUE AND DISASTER MANAGEMENT
JANATA BHAWAN
DISPUR, GUWAHATI-781006
6:THE PRINCIPAL SECRETARY
KARBI ANGLONG AUTONOMOUS COUNCIL
M.G. ROAD, DIPHU-782460
7:THE DIRECTOR
Page No.# 2/19
DIRECTORATE OF GEOLOGY AND MINING
KAHILIPARA
GUWAHATI-781019
8:THE PRINCIPAL SECRETARY
DIMA HASAO AUTONOMOUS COUNCIL
HAFLONG-788819
9:THE MANAGING DIRECTOR
ASSAM MINERAL DEVELOPMENT CORPORATION
KHANIJ BHAWAN
BEHIND SAHJAHAN MARKET
NEAR GANESH MANDIR, DR. R.P. ROAD
DISPUR, GUWAHATI- 78100
Advocate for the Petitioner : MR. T J MAHANTA (SC, GHC),
Advocate for the Respondent : MR. D SAIKIA, AG, ASSAM, A KASHYAP(R-9),MR. B D
CHOWDHURY (R-9),MR. R SEKHAR(R-9),MR H BETALA, ADV. FOR THE INTERVENORS,SC,
D H A COUNCIL,MR J CHUTIA, SC, KAAC,MR. D NATH, SR. GOVT. ADV.,
Linked Case : PIL/29/2020
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
Page No.# 3/19
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
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
Page No.# 4/19
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
11:NATIONAL BIODIVERSITY
AUTHORITY
12:STATE BIODIVERSITY
BOARD, ASSAM.
13:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPARTMENT
ASSAM.
14:THE DIRECTOR GENERAL OF POLICE
ASSAM POLICE DEPARTMENT
ULUBARI
GUWAHATI
ASSAM-781007.
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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 P.S- GINGIA, DIST- BISWANATH ASSAM, PIN- 784167 2: PANKAJ KUMAR DAS S/O- LATE LAMBODAR DAS Page No.# 5/19 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 ASSAM 6:THE DIVISIONAL FOREST OFFICER DIGBOI FOREST DIVISION Page No.# 6/19 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 9:NATIONAL BIODIVERSITY AUTHORITY.
10:STATE BIODIVERSITY BOARD ASSAM.
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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/36/2020 BASANTA DEKA S/O. LT. LOKNATH DEKA R/O. KARUNAMOYEE HOUSING APARTMENT M.C. ROAD UZAN BAZAR GUWAHATI-781003.
VERSUS Page No.# 7/19 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.
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.
Page No.# 8/19 7:NATIONAL BIODIVERSITY AUTHORITY 8:STATE BIODIVERSITY BOARD ASSAM.
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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/39/2022 MRINMOY KHATANIAR AND ANR S/O. LT. BIJOY CH. KHATANIAR R/O. NARIKALBARI PATH M.T. ROAD GUWAHATI-781024 ASSAM.
2: AMAR JYOTI DEKA S/O. LT. BHABENDRA NATH DEKA R/O. HOUSE NO.20 NAMONI PATH KARBI PATH MOTHER TERESA PATH P.O. BAMUNIMAIDAM P.S. GEETANAGAR GUWAHATI-781021 ASSAM.
VERSUS THE UNION OF INDIA AND 11 ORS REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN BHAWAN JORBAGH ROAD NEW DELHI-110003.
2:MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE NORTH EASTERN REGIONAL OFFICE LAW-U-SIB LUMBATNGEN NEAR MTC WORKSHOP Page No.# 9/19 SHILLONG-7930211.
3:THE STATE OF ASSAM REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM ENVIRONMENT AND FOREST DEPTT. DISPUR GUWAHATI-781006.
4:THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR SECRETARIAT COMPLEX GUWAHATI-781006.
5:THE COMMISSIONER AND SECRETEARY TO THE GOVT. OF ASSAM MINES AND MINERALS DEPTT. DISPUR GUWAHATI-781006 ASSAM.
6:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE H-BLOCK 2ND FLOOR JANATA BHAWAN DISPUR GUWAHATI-781006 ASSAM.
7:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE) H-BLOCK 2ND FLOOR JANATA BHAWAN DISPUR GUWAHATI-781006 ASSAM.
8:THE NATIONAL BOARD FOR WILDLIFE REP. BY THE STANDING COMMITTEE OF NATIONAL BOARD FOR WILDLIFE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE (WILDLIFE DIVISION) 6TH FLOOR VAYU WING INDIRA PARYAVARAN BHAWAN JORBAGH ROAD NEW DELHI-110003.
9:STATE BOARD FOR WILDLIFE REP. BY ITS CHAIRMAN DISPUR Page No.# 10/19 SECRETARIAT COMPLEX GUWAHATI-781006.
10:THE DIRECTOR OF GEOLOGY AND MINING OFFICE OF THE DIRECTORATE OF GEOLOGY AND MINING KAHILIPARA GUWAHATI.
11:COAL INDIA LTD.
COAL BHAWAN PREMISE NO.-04 MAR PLOT NO. AF-III ACTION AREA-1A NEWTOWN RAJARHAT KOLKATA-700156.
12:CHIEF GENERAL MANAGER NORTH EASTERN COALFIELDS COAL INDIA LTD.
SUB-DIV. -MARGHERITA DIST. TINSUKIA ASSAM-786181.
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Advocate for : MR D K DAS Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 11 ORS Linked Case : PIL/10/2025 SRI JAGADISH BHUYAN S/O SRI CHANDRA DHAR BHUYAN RESIDENT OF VILL KAKOPATHAR DIST TINSUKIA ASSAM VERSUS THE UNION OF INDIA AND 7 ORS REPRESENTED BY THE SECRETARY GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN BHAWAN JORBAGH NEW DELHI 110003.
Page No.# 11/19 2:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM ASSAM SACHIVALAYA DISPUR GUWAHATI 781006 3:THE SPECIAL CHIEF SECRETARY GOVERNEMENT OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT ASSAM SACHIVALAYA DISPUR GUWAHATI 781006 4:THE DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HQ. DR. B.K KAKOTI ROAD ULUBARI GUWAHATI 781007 5:THE DEPARTMENT OF MINES AND MINERAL ASSAM REPRESENTED BY THE SECRETARY GOVT. OF ASSAM DISPUR GUWAHATI 781006 6:THE DIRECTORATE OF GEOLOGY AND MINING ASSAM REPRESENTED BY THE DIRECTOR KAHILIPARA GUWAHATI 781019 7:THE ASSAM MINERAL DEVELOPMENT CORPORATION LIMITED REPRESENTED BY THE MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR DISPUR GUWAHATI 781006 8:THE DISTRICT COMMISSIONER TINSUKIA ASSAM 786126
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Advocate for : MR A.J.SARMA Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS Linked Case : PIL/30/2020 VIKRAM RAJKHOWA AND ANR.
Page No.# 12/19 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 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 Page No.# 13/19 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 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 Page No.# 14/19 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 18:NATIONAL BIODIVERSITY AUTHORITY.
19:STATE BIODIVERSITY BOARD ASSAM.
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Advocate for : PETITIONER IN PERSON Advocate for : GA ASSAM appearing for THE UNION OF INDIA AND 16 ORS.
For the appellant/petitioner(s) : Mr. T.J. Mahanta, Sr. Advocate SC, GHC Ms. R.S. Choudhury, Advocate Mr. D.K. Das, Advocate Mr. V. Rajkhowa, Advocate Mr. S. Borthakur, Advocate Ms. D. Ghosh, Advocate For the Respondent(s) : Mr. D. Saikia, AG, Assam Mr. D. Nath, Sr. GA, Assam Mr. R.K.D. Choudhury, Deputy SGI Ms. S. Kemprai, SC, KAAC Mr. R.M. Das, SC, DHAC Page No.# 15/19
-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY 11.03.2026 (AshutoshKumar, CJ) We have heard Mr. T.J. Mahanta, learned senior Advocate & Standing Counsel, Gauhati High Court; Mr. V. Rajkhowa, learned Advocate; Ms. R.S. Choudhury, learned Advocate; Mr. D.K. Das, learned Advocate; Mr. S. Borthakur, learned Advocate, and Ms. D. Ghosh, learned Advocate for the petitioners, and Mr. D. Saikia, learned Advocate General Assam; Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India; Mr. R.M. Das, learned Standing Counsel, DHAC and Ms. S. Kemprai, learned Standing Counsel, KAAC, for the respondents.
On 06.01.2025, at around 4:30 A.M., a tragic incident occurred in a coal mine at Umrangso in Dima Hasao district of Assam. Nine labourers had entered into a 340 feet tunnel of the coal mine, which suddenly got flooded by the gushing water from the nearby Kopili river. While some labourers could manage to escape, several remained trapped inside.
At the time when the writ petition was filed, the bodies of the four of the labourers had been recovered, while search operation was going on for the rest of the missing labourers. Rescue operations were launched by the National Disaster Response Force; State Disaster Response Force; Coal India Ltd. and the Indian Army as well.
This Court had taken suo motu cognizance of the tragedy and, consequently, this PIL (suo motu) No. 1/2025 was initiated as "Dima Hasao Page No.# 16/19 Tragedy Case".
The records reveal that despite commissioning of water pumps for de-watering the tunnel, the water could not be flushed out completely for the reason of the direct connectivity of the tunnel with the river Kopili. It has also been demonstrated that there were no mine-maps or blueprints, which otherwise might have made the rescue operations easier. The experts had reported that anybody trapped in such a tunnel could have been exposed to acidic water, lack of oxygen and presence of toxic methane gas inside the tunnel, which would make the fatalities 100%.
It was not difficult to ascertain during the rescue operations that it was a rate-hole mine involving narrow, horizontal tunnels and the mining was being carried out without any safety measures, ventilation or proper equipment.
It is a matter of common knowledge, the petitioners have contended, that such illegal rate-hole mine was being operated by unscrupulous people, who had employed trafficked labourers (men, women and children).
In Meghalaya, realizing the hazardous nature of such rate-hole mining, such mining exercise was banned in the year 2014 at the instance of Green Tribunal. However, such hazardous mining activities are, according to the petitioners, continuing across several Northeastern States, including Assam. Workers, driven with poverty and lack of awareness are engaged in such dangerous rate-hole mining activities. The operators, more often than not, do not maintain any record of the labourers, making it almost impossible to determine the exact number of Page No.# 17/19 miners inside a given mine.
This Court has been informed that the Government of Assam had disbursed ex-gratia payment of Rs. 10 lakh to each of the families of the deceased, who were killed in the afore-noted tragic incident, and also took steps to close down such illegal mining operations as also to formulate a Standard Operating Procedure (SOP) aimed at enforcing complete ban on the rate-hole mining activities in the State of Assam.
Mr. D. Saikia, learned Advocate General, Assam, has informed this Court that a Commission of Inquiry, headed by Justice Anima Hazarika, a former Judge of the Gauhati High Court, had been constituted on 24.01.2025. The terms of reference of the Commission is to ascertain the facts, circumstances and causes leading to the tragic incident resulting in the reported death of four persons and several others missing; to ascertain person(s)/organization(s) responsible for the illegal activities, if any, of rate-hole mining in the area; to determine if there is any lapse on the part of the authorities and, if so, to fix responsibility thereof and to suggest measures so that such situations/incidents are dealt with effectively in future.
This Commission of Inquiry had to submit its report within a period of three months from the date of issuance of the notification of its constitution. But it appears that the Commission of Inquiry is still continuing with further extensions.
It is expected that the Commission of Inquiry shall submit its report within a short time.
The learned Advocate General has also pointed out that the State of Assam had taken this incident on a very serious note and another Page No.# 18/19 Commission of Inquiry, headed by a former Judge of this Court, namely, Mr. Justice B.P. Katakey, had been constituted. Pursuant to the recommendations of the afore-noted Commission of Inquiry headed by Justice Katakey, a Monitoring Committee has been constituted to monitor the actions taken by the police against any person involved in raising, storage and transportation of coal without any valid authority. The Monitoring Committee functions under the Chairmanship of the Director General of Police, Assam, with the Secretary to the Government of Assam, Home & Political Department; All Deputy Commissioners of the coal rich districts; All Superintendents of Police of the coal rich districts; the Director of Geology & Mining, Assam, and the Secretary to the Government of Assam, Mines & Minerals Department, as the Members of the Monitoring Committee. This Court has also been informed about the district-wise status of the different coal rich districts, in which action has been taken towards stopping rate-hole mining. The concern of the learned counsel for the petitioners is that even though the terms of reference of the One-Person Commission of Inquiry takes care of all aspects of the matter, but it is limited to Dima Hasao area only, whereas there have been reported incidents of rate-hole mining in other parts of the State of Assam and the neighbouring Northeastern States.
In that context, learned counsel for the petitioners demand that an SOP, as promised by the State, should be formulated and made public as expeditiously as possible.
The learned Advocate General has submitted that the process of Page No.# 19/19 formulating the SOP is under way and he would ensure that the whole process is expedited and the SOP is published and its contents are circulated/disseminated in public.
Adjourning the matter to 03.06.2026, this Court expects the State to take all protective measures in stopping rate-hole mining in the entire State of Assam and also to take necessary coercive action against such rate-hole mining operators.
The petitioners would be at liberty to bring to the notice of this Court any known/reported incidence of rate-hole mining in the State of Assam.
JUDGE CHIEF JUSTICE Comparing Assistant