Gauhati HC warns Assam Govt over illegal coal mining

Guwahati, Feb 7: Annoyed at the failure of the State government to file an affidavit on steps taken to stop illegal coal mining, the Gauhati High Court has said that the Home Department's Principal Secretary and DGP will have to appear personally be-fore the court with all relevant documents, if the affidavit is not filed by February 13.

The court was hearing a batch of petitions related to assailing the proposal of diversion of 98.59 hectares of forest land in Saleki PRF (pro-posed reserve forest) for the Tikok Open Cast Project and for setting aside the approval granted to Coal India Ltd and other related matters.

Earlier, the court had taken note of alleged illegal coal mining operations by Coal India Ltd. Coal India Ltd had claimed that it had stopped its mining activities in the reserve forest area and the mining activities are now being carried on by some other entities.

The court had issued directions to officials of the Central and State governments to ensure that illegal mining operations are not carried out.

"The personal appearance would not be required if an affidavit, as directed earlier is filed positively on February 13, failing which the personal appearance as directed earlier is required to be complied with," the court said

"The affidavit to be filed should indicate the steps taken for closure of all illegal mining activities within the area covered by this PIL," a bench of Justice Kalyan Rai Surana and Justice Malasri Nandi said in an order today.

The Judges said that they were conscious of the fact that, ordinarily, government officials holding top positions ought not to be called before the court. "However, if a personal appearance is not ordered, it appears that no affidavits are being filed. Therefore, the only alternative would be to initiate contempt proceedings against the erring officials for adversely affecting the administration of justice through their non-cooperation, which will have far-reaching consequences,' they said.

The issues raised in the petitions include declaring the Dehing Patkai Elephant Forest Reserve and the corridors and other eco-sensitive areas around the said sanctuary as an ecologically fragile region; and also declaring Jeypore Forest Re-serve, Tirap PRF, Dalai PRF, Makumpani PRF under Dibrugarh and Digboi Forest Division as Wildlife Sanctuary and demand for a high-level enquiry by the CBI or by the CVC to fasten criminal and civil liability on the erring official of the Forest Department as well as against the officials of Coal India Ltd.

Advocates DK Das and RS Choudhury appeared for the petitioners.