X X X X v. In Re - the Union of India and 7 Ors

PageoNo.#o1/4 GAHC010077512020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oPIL(SuooMoto)/3/2020o XoXoXoXo GUWAHATI,oASSAM VERSUSo INoREo-oTHEoUNIONoOFoINDIAoANDo7oORSo REPRESENTEDoBYoSECRETARY,oMINISTRYoOFoMINES,oSHASTRIoBHAWAN,o DR.oRAJENDRAoPRASADoROAD,oROOMoNO.o320,oA-WING,oNEWoDELHIo-o 110001 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCHIEFoSECRETARY oGOVERNMENToOFoASSAM oDISPUR oGUWAHATIo-o781006 3:THEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oHOMEoANDoPOLITICALoDEPARTMENT oDISPUR oGUWAHATIo-o781006 4:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM oFORESToANDoENVIRONMENToDEPARTMENT oDISPUR oGUWAHATIo-o781006 5:THEoPRINCIPALoCHIEFoCONSERVATORoANDoHEADoOFoFORESToFORCE oARANYAoBHAWAN oPANJABARI oGUWAHATIo-o781037 Page No.# 2/4 6:THE DIRECTOR THE DIRECTORATE OF GEOLOGICAL AND MINING DEPARTMENT KAHILIPARA GUWAHATI - 781019 7:COAL INDIA LIMITED REPRESENTED BY THE CHAIRMAN-CUM-MANAGING DIRECTOR COAL BHAWAN PREMISE NO.04 MAR PLOT NO. AF-III ACTION AREA-1A NEWTOWN RAJARHAT KOLKATA - 700156 8:THE DEPUTY COMMISSIONER DISTRICT - TINSUKIA ASSAM PIN - 786125 9:NATIONAL BIODIVERSITY AUTHORITY 10:STATE BIODIVERSITY BOARD ASSAM For the petitioner : Mr. T.J. Mahanta, Senior Advocate Assisted by Mr. A. Barua, Advocate

For the respondents : Mr. P.N. Goswami, Addl. A.G. Assam, Assisted by Mr. I. Kalita, S.C., Forest

Mr. M.Z. Ahmed, Senior Advocate Assisted by Mr. A.M. Dutta, Advocate For the Coal India Ltd.

Page No.# 3/4 – B E F O R E – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE SUMAN SHYAM 27-02-2024 (Vijay Bishnoi, C.J.) 1) This Suo Moto Public Interest petition is registered by this Court taking cognizance of the news articles published in the Assamese Newspaper 'Amar Asom' in its edition dated 14.11.2019 in respect of the illegal mining at Patkai Hills. It is pleaded that Dehing Patkai Elephant Reserve of which Saleki is a part, is the largest rainforest in India and stretches for 575 sq. kms across Tinsukia, Dibrugarh and Sivasagar districts of Upper Assam. However, the biodiversity of the forest land is in danger on account of establishment of high polluting industries such as coal mine, oil refineries, gas drilling etc. It is also contended that large number of animals and birds living in the area are also affected by the illegal activities in the said area. 2) It is noticed that looking to the seriousness of the matter, the State Government vide Notification dated 18.07.2020 while exercising powers under Section 3 of the Commissions of Inquiry Act, 1952, has constituted a 'One-Man Enquiry Commission' headed by Justice (Retd.) B.P. Katakey, retired Judge of the Gauhati High Court to cause an enquiry into the aforesaid allegations with specific Terms of Reference for the Commission. The One-Man Enquiry Commission has submitted its report to the State Government on 17.04.2021, which was tabled before the Assembly. 3) Learned Additional Advocate General of Assam appearing for the respondent State has submitted that the State Government has decided to implement the recommendations and the remedial measures suggested by the Page No.# 4/4 One-Man Enquiry Commission for the purpose of checking the illegal mining activities in the area concerned. It is also submitted that the State Government vide Notification dated 15.06.2021 has declared the Dehing Patkai area as National Park which comprises of district Tinsukia and Dibrugarh and Forest Division of Digboi and Dibrugarh. It is submitted by the learned counsel for the respondent State that the State Government will take steps in phase manner on the suggested remedial measures to check the illegal coal mining activities in the area and will make every endeavour to complete those remedial measures at the earliest. 4) Taking into consideration the above facts and circumstances of the case, we are of the opinion that the object of registering the present PIL is fructified. Hence, no further order is required to be passed in this PIL and the same is, therefore, disposed of. JUDGE CHIEF JUSTICE

Comparing Assistant