Coal mining in Assam: The Gauhati High Court has summoned Assam’s Principal Secretary of the Home and Political Department and the Director General of Police (DGP) to appear in person on February 14, 2025, due to significant delays in filing an affidavit regarding illegal coal mining in the Dehing Patkai region. However, the officials may avoid appearing in court if they submit the required affidavit by February 13.
This summons follows a 22-month delay in responding to Public Interest Litigation (PIL 29/2020), which challenges the diversion of 98.5 hectares of forest land in the Saleki Proposed Reserve Forest for Coal India’s Tilok Open Cast Project. The PIL seeks the declaration of the Dehing Patkai Elephant Reserve and its surrounding areas as ecologically fragile, along with the upgradation of adjacent forests as wildlife sanctuaries. Additionally, the petition calls for an inquiry into the role of Coal India Ltd. and the Forest Department regarding the ongoing illegal mining activities.
Repeated Non-Compliance by Assam Home Department and Police
Despite repeated notices from the court, the Assam Home Department and the police have failed to submit the affidavit, leading to the court’s strong stance. The court has reiterated that preventing illegal mining is a shared responsibility of the Ministry of Environment, Forest and Climate Change (MoEFCC) and the Assam Government.
The court noted that Coal India Ltd. had ceased operations in the reserve forest as per previous orders, but illegal coal mining continued unabated through other entities. The lack of response and action from state authorities has raised serious concerns about the enforcement of environmental regulations and governance in Assam.
Possible Contempt Proceedings Against Officials
Expressing frustration over the prolonged inaction, the Gauhati High Court has hinted at initiating contempt proceedings against officials for their failure to submit the necessary affidavit. The court also warned that failure to comply with the affidavit directive could have serious legal consequences for the concerned authorities.
This development highlights the urgency of addressing environmental degradation in the Dehing Patkai region, known as the Amazon of the East, which is home to rich biodiversity and endangered species. Illegal mining threatens the fragile ecosystem, further endangering wildlife and forest cover.
Background on Dehing Patkai and the Legal Battle
Dehing Patkai, located in Upper Assam, is one of India’s largest rainforest reserves, known for its rich flora and fauna. The region has been under constant environmental threat due to rampant coal mining activities, prompting environmentalists and activists to file PILs demanding its protection.
In 2020, when reports of coal mining in Saleki Proposed Reserve Forest surfaced, the matter reached the Gauhati High Court, leading to increased scrutiny over the role of Coal India Ltd. and the Assam Government. Despite initial restrictions on coal mining, illegal activities persisted, raising concerns about the effectiveness of environmental enforcement mechanisms.
Legal and Environmental Implications
The court’s stern action signals a crucial legal precedent in the fight against illegal coal mining in Assam. If the Assam government fails to act, it could face severe legal consequences, including contempt proceedings. Additionally, the case highlights the need for stricter environmental regulations and proactive measures to combat illegal mining and deforestation.
With the February 13 deadline approaching, all eyes are on the Assam government and whether it will comply with the court’s directive or risk further legal trouble.
The Gauhati High Court’s intervention in the Dehing Patkai illegal coal mining case underscores the critical need for stronger environmental governance in Assam. As the Amazon of the East faces continued threats, swift legal and administrative action is required to preserve its biodiversity and natural resources. The upcoming court session on February 14, 2025, will be crucial in determining the future course of action against illegal mining operations in the region.
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