Gauhati High Court Summons Assam Officials Over Delayed Affidavit On Illegal Coal Mining

The Gauhati High Court has summoned Assam's Home Secretary and DGP over delays in filing an affidavit on illegal coal mining in Dehing Patkai, warning of potential contempt proceedings.
Gauhati HC
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GUWAHATI: 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 due to significant delays in filing an affidavit concerning illegal coal mining activities in the Dehing Patkai region. The officials may avoid court appearance 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 Saleci Proposed Reserve Forest for Coal India’s Tilok Open Cast Project. The PIL seeks declaration of the Dehing Patkai Elephant Reserve and areas around it to be ecologically fragile, and upgradation of adjacent forests as wildlife sanctuaries. Furthermore, an inquiry into the role of Coal India Ltd. and the Forest Department is sought to be made by the court.

Even after being served with a notice repeatedly, the Assam Home Department and police could not submit their affidavit. The court again reiterated that prevention of illegal mining is a collective responsibility of MoEFCC and the Assam Government.

The court has observed that during previous hearings, although Coal India Ltd. had stopped working in the reserve forest, illegal mining was going on without any hindrance by other agencies. Because of the lack of updates from state authorities, the court is thinking about filing contempt proceedings against officials. The court warned that not complying with the affidavit directive may have grave implications.

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