Gauhati High Court
Page No.# 1/2 vs Union Of India And 9 Ors on 9 March, 2022
Bench: Chief Justice, Soumitra Saikia
Page No.# 1/21
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.# 2/21
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.# 3/21
10:CHIEF GENERAL MANAGER
NE COAL FIELDS
COAL INDIA LIMITED
SUB DIV MARGHERITA
DIST- TINSUKIA
ASSAM
PIN- 78618
Advocate for the Petitioner : MR. D K DAS
Advocate for the Respondent : ASSTT.S.G.I.
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
Page No.# 4/21
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
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
Page No.# 5/21
------------
Advocate for : MS. D GHOSH
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS
Linked Case : I.A.(Civil)/665/2021
MRINMOY KHATANIAR AND ANR.
S/O. LATE BIJOY CH KHATANIAR
R/O. NARIKALBARI PATH
M.T. ROAD
GHY- 24
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 SECY. 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
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
Page No.# 6/21
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
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.
Page No.# 7/21
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
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.
Page No.# 8/21
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 : I.A.(Civil)/161/2022
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.# 9/21
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
COAL BHAWAN
PREMISE NO. 04 MAR
PLAT NO AF-III
ACTION AREA -1A
Page No.# 10/21
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 H BETALA
Advocate for : ASSTT.S.G.I. appearing for UNION OF INDIA AND 9 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
Page No.# 11/21
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
MINES AND MINERALS DEPTT. ASSAM SACHIVALAYA
DISPUR
GUWAHATI-781006
12:THE DEPUTY COMMISSIONER
TINSUKIA
O/O DEPUTY COMMISSIONER
Page No.# 12/21
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
ASSAM appearing for THE UNION OF INDIA AND 16 ORS.
Linked Case : I.A.(Civil)/465/2022
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
Page No.# 13/21
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
ASSAM
6:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (WILDLIFE)
H BLOCK
2ND FLOOR
JANATA BHAWAN
DISPUR
GUWAHATI- 781006
ASSAM
7:NATIONAL BOARD FOR WILDLIFE
Page No.# 14/21
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 : GA
ASSAM appearing for UNION OF INDIA AND 9 ORS.
Linked Case : 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
Page No.# 15/21
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
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
------------
Advocate for : MR. T J MAHANTA
SR. ADV
Advocate for : MR. M Z AHMED (R7) appearing for IN RE - THE UNION OF INDIA
AND 7 ORS
Linked Case : I.A.(Civil)/1808/2020
Page No.# 16/21
MRINMOY KHATANIAR AND ANR.
S/O. LATE BIJOY CH KHATANIAR
R/O. NARIKALBARI PATH
M.T. 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
Page No.# 17/21
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
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 : appearing for UNION OF INDIA AND 9 ORS.
Linked Case : I.A.(Civil)/143/2022
MRINMOY KHATANIAR AND ANR.
S/O- LATE BIJOY CH KHATANIAR
R/O- NARIKALBARI PATH
Page No.# 18/21
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
ASSAM
6:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (WILDLIFE)
H BLOCK
Page No.# 19/21
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
Page No.# 20/21
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 09.03.2022 Heard Mr. D. K. Das, learned counsel for the petitioners in PIL 29/2020 and PIL 36/2020; Mr. V. Rajkhowa, learned counsel for the petitioners in PIL 30/2020. Also heard Mr. P. N. Goswami, learned Additional Advocate General, Assam and Mr. R.K.D. Choudhury, learned Assistant Solicitor General of India.
The matter relates to protection of bio-diversity in Assam. During the course of argument, it has transpired that the National Biodiversity Authority, which is a statutory body created under Section 8 of the Biological Diversity Act, 2002 and the State Biodiversity Board, which is constituted under Section 22 of the said Act are necessary parties in these PILs. Accordingly, the National Biodiversity Authority and the State Biodiversity Board are impleaded as party/respondents in these PILs.
Let necessary corrections be made in the Cause Title of the PILs and notices be sent to the aforesaid two newly impleaded respondents within a week.
Pursuant to our order dated 27.01.2022, the State respondents have filed an affidavit, but there is no affidavit from the Central Government as to whether the Central Government has developed any strategies, plans, programmes etc. for conservation, promotion and sustainable use of biological diversity as mandated by Section 36 of the Biological Diversity Act, 2002.
We direct the Central Government to file affidavit positively by the next date of listing, failing which the Secretary/Joint Secretary, Department of Page No.# 21/21 Environment and Forest, Government of India, shall be present in person before the court on the next date.
The State respondents shall also submit an action taken report based on the recommendations of Justice B. P. Katakey (Retired).
List again on 18.04.2022.
JUDGE CHIEF JUSTICE Comparing Assistant