Gauhati High Court
Page No.# 1/14 vs Union Of India And 9 Ors on 30 March, 2023
Author: Chief Justice
Bench: Chief Justice
Page No.# 1/14
GAHC010075832020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : 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
ASSA
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
Page No.# 2/14
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
COAL BHAWAN
PREMISE NO. 04 MAR
PLAT NO AF-III
ACTION AREA -1A
NEW TOWN
RAJARHAT
KOLKATA- 700156
Page No.# 3/14
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 the Petitioner : MR. D K DAS
Advocate for the Respondent : ASSTT.S.G.I.
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.
2:THE NATIONAL BOARD OF WILD LIFE (NBWL)
REP. BY THE CHAIRPERSON
MINISTRY OF ENVIRONMENT
Page No.# 4/14
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.
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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 Page No.# 5/14 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.
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.
Page No.# 6/14 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.
11:COAL INDIA LTD.
COAL BHAWAN PREMISE NO.-04 MAR PLOT NO. AF-III ACTION AREA-1A NEWTOWN Page No.# 7/14 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/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 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 Page No.# 8/14 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 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.
Page No.# 9/14 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/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 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 Page No.# 10/14 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 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 Page No.# 11/14 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 BIODIVERSITYAUTHORITY.
19:STATE BIODIVERSITY BOARD ASSAM.
For the petitioners : Mr. D.K. Das, Advocate Mr. V. Rajkhowa, petitioner-in-person For the respondents : Mr. P.N. Goswami, Additional Advocate General, Assam Mr. K.P. Pathak, Standing Counsel, Forest Mr. M.Z. Ahmed, Senior Advocate Assisted by Mr. A.K. Dutta, Standing Counsel, Coal India Ltd.
Mr. R.K.D. Choudhury, Deputy Solicitor General of India Page No.# 12/14
-BEFORE-
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUMAN SHYAM 30-03-2023 This bunch of PILs and associated interlocutory applications involve issues of great importance. The petitioner No.1, a practising Advocate of this Court, has tried to highlight the depleting forest in the Saleki Proposed Reserve Forest under Digboi division and the illegal mining activities being carried out in this area, particularly being attributed to the respondent Coal India Ltd.
Addressing this Court on the prayer for interim stay, the learned counsel Mr. D.K. Das, representing the petitioner in PIL 29/2020 and PIL 39/2022 drew attention of this Court to the letter dated 17.11.2020 written by Ministry of Environment Forest and Climate Change to the Deputy Conservator of Forests, Assam the contents whereof are reproduced hereinbelow for the sake of ready reference;
"Sir, I am directed to refer to the letter no. BPKJ/GOM/Notice/2020-2021/20 dated 29.09.2020 on the subject mentioned above and to say that the proposal for diversion of 98.59 ha of Forest Land for Tikok Open Cast Project in Saleki PRF under Digobi Division by North Eastern Coalfield, Coal India Ltd., Assam has been examined by the Forest Advisory Committee (FAC) constituted by the Central Government under section-3 of the Forest (Conservation) Act, 1980 and the present status of the said proposal in the Ministry is as follows:
i. 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 10-11 June, 2013 and 28.11.2019.
ii. FAC in its meeting held on 28.11.2019 had thorough deliberation and discussion with Dy DG Regional Office, Shillong. The matter was also discussed with the representatives of user agency. After discussion, it was observed that the Site Inspection carried was out by Regional Office, Shillong. It was clearly Page No.# 13/14 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 expiry of original lease period in 2003. In this regard, FAC observed that the violation done by user agency since 2003 to 2013 had been appropriately discussed in 2013 by FAC and accordingly it had recommended appropriate action. As on date, the State Govt. should not have allowed mining in the area prior to final approval under the FCA 1980. There has been gross neglect on this account on behalf of the State Govt. 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:
a. State Govt. to abide by all conditions as specified in its recommendations of FAC on dated 10-11th June, 2013.
b. In addition to above, the State Govt. shall take action for the violation, carried by the user agency after 10-11 th June 2013, as per para 1.21 of the Comprehensive Guidelines dated 28th March 2019.
c. The State Govt. 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.
d. User agency shall not carry out any work in violation of the provisions of the FCA 1980 till all penalty and compensatory levis are deposited and Stage II approval for the project is granted by MoEF & CC.
e. Chief Wild Life Warden shall submit his independent comments as requested by MoEF & CC vide letter dated 5.8.2013.
iii. Based on the recommendations of FAC, in-principle approval was granted by the Ministry, on 26.12.2019.
iv. 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."
Mr. D.K. Das submitted that as the Central Government itself has observed that the user agency, i.e. the Coal India Ltd. is continuing the mining operation even after Page No.# 14/14 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 levis are deposited and Stage II approval for the project is granted by MoEF & CC.
Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India submitted that as a matter of fact, the Coal India Ltd. has stopped its mining activities in the reserved forest areas and the mining activities are actually being carried out by other persons/ entities.
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 of Assam which is home to the pristine forests which are virtually the lungs of the earth. Thus, we direct that the concerned officials of the Central Government, in collaboration with the responsible officers of the Assam State Government, shall ensure that the mining activities being undertaken by the Coal India Ltd. shall not be allowed unless the conditions mentioned in the aforequoted letter are satisfied. Immediate steps shall also be taken to ensure that all illegal mining activities in the area in question are stopped forthwith.
List on 27.04.2023.
JUDGE CHIEF JUSTICE Comparing Assistant