Gauhati HC Asks Tinsukia DC To "Justify Coal Mining In Tikak Colliery"

The Gauhati High Court on Wednesday asked the deputy commissioner (DC) of the Tinsukia district in Assam to justify the coal mining activities undertaken in the Tikak Colliery region.

The HC was hearing three separate public interest litigations (PIL) against the mining activities taking place in the Tikak Extension OCP near Margherita in the Tinsukia district of Assam.

According to the petitions, mining activities taking place in the region are contrary to the directions of the Supreme Court and the Ministry of environment.

The order read, “State authorities, that is, the deputy commissioner of Tinsukia is allowing mining of coal in Tikak Extension OCP as mentioned in his affidavit filed on 18.04.2022.”

The counsel for the petitioners stated in the court that the mining was “absolutely unauthorized”.

However, P.N. Goswami, learned additional advocate general for Assam argued that the “aforesaid coal mining is beyond the scope of this PIL and there is no restriction in undertaking the mining activities.”

However, the bench hearing the matter, comprising of acting chief justice N. Kotiswar Singh and justice Soumitra Saikia noted that “the court would like to examine the issue”.

The HC ordered the Tinsukia DC, IAS Narsing Pawar to submit an affidavit justifying the authority under which the mining is taking place.

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The order read, “Be that as it may, we would like to examine the issue for which the Deputy Commissioner, Tinsukia may file an affidavit justifying as to the authority under which such mining is taking place in Tikak Extension OCP for which land measuring 127B-4K-15L of Dag No.194 of Ledo Tikak 2 No. NLR grant and nal measuring 296-B-4K-05L covered by Dag No.131 and 229B-03K-02L covered by Dag No.132 of Ledo Tikak NC gaon, which were settled with CII, Margherita.”

The court also asked that the affidavit “be supplemented by the coordinates of the mining area so as to make it specific as to the geographical location of the mining area where the mining is taking place.”

In its order, the bench also directed that the state file an updated affidavit indicating the actions taken in the matter so far.

It further noted that the assistant solicitor general of India, R K D Choudhury has submitted the affidavit of the Centre, in line with the direction of the court dated March 9, 2022.

The court has listed the next hearing in the matter on June 3 and directed that the affidavit be placed on record on the next date.

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