Gauhati High Court
Xxxx vs In Re - The Union Of India And 7 Ors on 8 September, 2022
Author: R.M. Chhaya
Bench: Chief Justice, Soumitra Saikia
Page No.# 1/14
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.# 2/14
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 - 786125
9:NATIONAL BIODIVERSITY
AUTHORITY
10:STATE BIODIVERSITY
BOARD
ASSAM
Advocate for the Petitioner : MR. T J MAHANTA, SR. ADV
Advocate for the Respondent : MR. M Z AHMED (R7)
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
Page No.# 3/14
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
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
Page No.# 4/14
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
11:NATIONAL BIODIVERSITY
AUTHORITY
12:STATE BIODIVERSITY
BOARD
ASSAM.
------------
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
Page No.# 5/14
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
ASSAM
6:THE DIVISIONAL FOREST OFFICER
DIGBOI FOREST DIVISION
P.O- DIGBOI
DIST- TINSUKIA
Page No.# 6/14
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.
------------
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
THE UNION OF INDIA AND 5 ORS.
REP. BY SECRETARY
MINISTRY OF ENVIRONMENT
FOREST AND CLIMATE CHANGE
(MoEF AND CC)
Page No.# 7/14
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.
7:NATIONAL BIODIVERSITY
AUTHORITY
8:STATE BIODIVERSITY
BOARD
ASSAM.
------------
Page No.# 8/14
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
SHILLONG-7930211.
3:THE STATE OF ASSAM
REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST DEPTT.
DISPUR
GUWAHATI-781006.
Page No.# 9/14
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
SECRETARIAT COMPLEX
GUWAHATI-781006.
10:THE DIRECTOR OF GEOLOGY AND MINING
OFFICE OF THE DIRECTORATE OF GEOLOGY AND MINING
KAHILIPARA
GUWAHATI.
Page No.# 10/14
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.
------------
Advocate for : MR D K DAS
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 11 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
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
Page No.# 11/14
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
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
Page No.# 12/14
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
18:NATIONAL BIODIVERSITY
AUTHORITY.
19:STATE BIODIVERSITY
BOARD
ASSAM.
------------
Advocate for : PETITIONER IN PERSON
Advocate for : GA
ASSAM appearing for THE UNION OF INDIA AND 16 ORS.
Page No.# 13/14
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
08-09-2022 R.M. Chhaya, C.J.
Heard Mr. T.J. Mahanta, learned Standing counsel, Guwahati High Court; Mr. D.K. Das, learned counsel for the petitioners in PIL No. 29/2020 and PIL No. 36/2020 as well as Mr. V. Rajkhowa, the petitioner -in-person in PIL No. 30/2020. Also heard Mr. K.K. Mahanta, learned Senior counsel for the intervenor; Mr. P.N. Goswami, learned Addl. Advocate General, Assam and Mr. R.K.D. Choudhury, learned Assistant Solicitor General of India for the respondents.
In order to have the basic facts on record, we deem it fit to direct the District Judge, Tinsukia to carry out survey of the areas which are mentioned in the petitions and place on record of the proceedings whether any mining is taking place or not and if yes, through or by whom. It would be open for the District Judge, Tinsukia to take assistance of any technical person for preparing any sketch.
The State Government is further directed to arrange for the visit of District Judge, Tinsukia at the place of mining i.e. Tikok Extension OCP in Margharita over land measuring 127B-4K-15L of Dag No. 194 of Ledo Tikak 2 No. NLR Grant and Land measuring 296B-4K-05L covered by Dag No. 131 and 229B-03K-2L covered by Dag No. 132 of Ledo Tikak NC gaon.
Such report shall be furnished to this Court on or before the next date of hearing.
Page No.# 14/14 List the matters again on 01.11.2022.
A copy of this order be provided to the office of Mr. T.J. Mahanta, learned Senior Counsel appearing for the Gauhati High Court.
Registry shall inform the District Judge, Tinsukia about the order and shall ensure compliance thereof.
JUDGE CHIEF JUSTICE Comparing Assistant