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TINSUKIA: The recently submitted report of the Justice BP Katakey Commission of Inquiry into coal mining activities in Saleki PRF under Digboi Forest Division recorded extensive illegal activities perpetrated by NEC Coal India Limited (CIL) and coal mafia, besides lapses on the part of various government agencies.
The judicial commission also inquired into the alleged illegal mining activities in Tikok OCP (Open Cast Project) and other reserve forests areas. The inquiry commission recommended suitable compensation to the affected families and immediate closure of all coke coal industries in the area. The judicial commission recommended investigation by an agency like the CBI to identify the persons or officers involved in such activities.
The commission noted that the mining of coal by NEC CIL since 2003 was contrary to the MMDR (Mines & Minerals-Development & Regulation) Act, Forest (Conservation) Act 1980. NEC CIL continued its mining operation without any valid lease and prior approval as required under Forest (Conservation) Act, 1980.
The Government of Assam constituted the judicial commission of inquiry following allegations of illegal coal mining and its adverse impact on the environment in July 2020. Later, the commission also took under its ambit pendency of three PILs before the Gauhati High Court related to illegal coal mining.
The commission expressed displeasure over a few departments and agencies for not providing information and data, despite assurances. Notable among them were the PCCF & HoFF for the aquatic study of the Buridihing River and soil testing of paddy fields, Finance (Taxation) Department and Transport Department regarding illegal transportation, North Eastern Space Application Centre (NESAC) at Umium (Meghalaya) for high-resolution satellite imaginaries.
The commission criticized lapses of the state Mines & Minerals Department. It resented that though the Rules under Section 23C of MMDR Act, namely Minerals Regulation & Dealers Rules 2020 to regulate the possession and storage, trading transportation came into force on March 11, 2021, the department did not frame it despite allegations of illegal coal mining activities. The officers of the Mines & Minerals 'have failed to discharge their duties and responsibilities since 2003, and thus they have failed to protect the government property resulting in loss to the state exchequer, the commission stated.
Though the Digboi Forest Division asked NEC CIL to deposit an amount of Rs 43.2485 crore towards penalty for the area of 98.59 ha of forest land (Tikok OCP under Saleki PRF), the NEC CIL has not yet deposited the amount. The commission recommended a payment of Rs 7.5 lakh to the next of kin of each death, Rs 1.5-5 lakh for injuries sustained and Rs 10 lakh to journalist Diganta Saikia for expenses he incurred for medical treatment. The State government will decide the quantum of compensation to the affected cultivators.
The commission has also sought immediate steps for the realization of Rs 43.2485 crore imposed on NEC CIL as a penalty and Rs 487213. 49 lakh as the price of disposed of minerals raised illegally from 2003 to date. For the reclamation of the mined areas and their restoration with rich vegetation cover, NEC CIL will bear the cost under the principle of 'polluters' pay'.
The commission also recommended that the State and the Central governments should take a prudent decision in the public interest to stop coal mining activities or allow it in a regulated or scientific manner.
The commission said that since 2003 illegal coal mining, including rat-hole mining, had been carried out by NEC CIL and some unknown persons. However, the Forest Department, Mines & Minerals Department, the District administration and the district police initiated no action against the perpetrators.
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