Gauhati High Court takes up suo moto case against illegal coal mining at Dehing-Patkai

Guwahati: Amid the furore over the Centre's alleged clearance to Coal India to commence mining activities in the Dehing Parkai Rainforest area, the Gauhati High Court has issued notices to the Centre, State Government, Coal India and other stakeholders after taking up a suo moto case.

The Gauhati High Court bench comprising Chief Justice Ajay Lamba and Justice Soumitra Saikia said that a suo moto case has been taken and issued a notice to Union of India, Government of Assam, Coal India Ltd. and other stakeholders, directing the respondents to file their affidavits by July 14, while July 20 has been set as the next date of hearing.

Multiple Public Interest Litigations (PIL) were filed against the mining in the forested area by advocates and a mountaineer. The first one filed by Mrinmoy Khataniar and Amarjyoti Deka was filed on May 26, and advocates D K Das and R.S Choudhury appeared for petitioners.

Talking to The Sentinel Digital, Khataniar said, "On May 26, Amarjyoti Deka and I jointly filed a PIL and on May 29 a second one was filed by advocates Vikram Rajkhowa and Santanu Barthakur. A third one was filed by the Court a day later, on May 30. We were represented by D K Das and R S Choudhury and a suo moto case has now been taken up by the Court. Now, a notice has been issued to the centre, state, forest department and other stakeholders as to how such practices have been going on without clearance. July 20 has been set as the next date of hearing by the Court for the suo motu and the other two PILs."

Khataniar further went on to add that if mining is allowed in the area, it will have immense repercussions for the environment. "If allowed, mining will destroy the wildlife habitat and the environment in the area that is rich in flora and fauna and is considered as a biodiversity hot spot. It is significant for its rich abundance of natural resources and wildlife and it is unfortunate what is happening there. What is even more shocking is that all this is being done without any authority of law in as much as the 30-year mining lease granted to Coal India limited in 1973 expired on 2003, and was not renewed. But the user agency in a most illegal manner caused the destruction of the region after 2003 which was otherwise left untouched during the lease period. Even Raman Sukumar, eminent elephant expert and NBWL member, has sought action against North Eastern Coalfields for suppressing from the NBWL the extent of violations at the project site. He even wrote to the Union Minister, Prakash Javadekar, citing his concerns."

Meanwhile, advocate Santanu Borthakur, who filed the other PIL along with colleague Vikram Rajkhowa, said their petition sought to declare the Dehing Patkai as a heritage site under the Biological Diversity Act, 2002.

It is pertinent to mention here that in its last meeting in April, the Standing Committee of the National Board of Wild Life (NBWL) under the Union Ministry of Environment, Forest and Climate Change recommended approval of the CIL''s proposal for legalising the illegal mining provided it fulfils the 28 conditions. Meanwhile, Assam Forest Parimal Suklabaidya has said that the Centre is yet to give its final nod in regards to coal mining in the area.

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