Assam
Jeypore, Digboi
,
Soraipung
,
Tinsukia
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Coal India Ordered to Suspend Mining at Assam's Dehing Patkai Wildlife Sanctuary
Reported by
Sarup Sinha
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
People Affected
2020
Year started
99
Land area affected
Households affected
People Affected
2020
Year started
99
Land area affected
Key Insights
Sector
Mining
Reason/Cause of conflict
Coal Mining
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
1
Summary

Dehing Patkai Wildlife Sanctuary is a an evergreen rainforest located in Dibrugarh and Tinsukia districts in Assam, covering an area of 111.19 square kilometres. It is part of the Dehing Patkai Elephant Reserve established in 2003 under Project Elephant. Counted among the richest biodiversity hotspots in the world, Dehing Patkai is often called the Amazon of the East.
In April 2020, the National Board for Wildlife (NBWL), the apex advisory body on matters related to conservation and wildlife, approved a proposal from North Eastern Coalfields (NEC), a unit of Coal India Limited (CIL), to carry out opencast coal mining in 57.20 hectares of forestland at the Saleki Proposed Reserve Forest, which is part of the Dehing Patkai Elephant Reserve. The decision was taken at the 57th Meeting of the Standing Committee of the NBWL, chaired by Minister of Environment, Forest and Climate Change Prakash Javadekar on April 17, 2020, through video-conferencing. The Standing Committee considered 31 proposals altogether, 16 of which related to infrastructure projects. All 16 proposals were approved.
The decision of NBWL to rush through environmental clearances while the country was reeling under the COVID-19 pandemic received criticism from several quarters. Many doubted whether environmental impact assessments received enough importance in the decision-making process. Outraged at the nod for coal mining at Dehing Patkai, several environmentalists, activists, student bodies, artists and others in the state launched a dynamic online protest using thoughtful artworks, slogans, videos and online signature campaigns while also making hashtags like #SaveDehingPatkai and #IAmDehingPatkai trend on several online platforms. All of them have demanded a complete ban on opencast coal mining, calling it detrimental to the ecological balance of the wildlife sanctuary.
It is reported that mining was initially restricted to CIL, but over the last few years, as pointed out by ornithologist Anwaruddin Chowdhury, illegal mining in the protected area has increased rapidly. Trinayan Gogoi, founder of the non-profit Green Bud Society, told the media that attacks on human settlements by elephants have resulted from coal mining and tree felling which have shrunk the area reserved for the mammal.
It has also been reported that CIL had been carrying out mining operations at Dehing Patkai even though its lease, which NEC had obtained for 30 years, had expired in 2003. This means that CIL has been mining in the area violating the provisions of the Forest Conservation Act (FCA), 1980.
In 2012, CIL had sought a clearance of 98.59 hectares, which included a post-facto approval from 2003 to 2013. The request, however, was rejected. It was only in 2019 that the Centre gave Stage-I clearance to CIL for opencast mining on 57.20 hectares, with 28 conditions, including fines and enquiries against personnel responsible for the violation of the FCA. The Assam Forest Department imposed a penalty of INR 43.25 crore on CIL for carrying out illegal mining activities between 2003 and 2019.
On June 4, 2020, the Gauhati High Court took suo moto cognizance of allegations over coal mining in the Dehing Patkai forest and issued notices to the Centre, state government, CIL and other stakeholders after two consecutive public interest litigations (PILs) were filed in the high court. The PILs denounced CIL for obtaining clearance by furnishing inaccurate information.
In the face of mounting evidence and political pressure, the 58th Standing Committee of NBWL ordered a suspension on all mining activity in Dehing Patkai from July 2020 until further notice. Meanwhile, the Assam government announced in July that year that Dehing Patkai Wildlife Sanctuary would be upgraded to a National Park. The preliminary notification regarding the same was issued in December 2020.
Responding to the allegations over coal mining, the state had formed a one-man inquiry commission on July 18, 2020, to investigate all such allegations since 2003. The report is yet to be made public.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Complete ban on coal mining

Region Classification

Urban and Rural

Type of Land

Common

Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Author
Reported by
Sarup Sinha

Assam

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Coal India Ordered to Suspend Mining at Assam's Dehing Patkai Wildlife Sanctuary

Reported by

Sarup Sinha

Legal Review by

Edited by

Updated by

Updated by

Published on

March 30, 2021

March 11, 2023

Edited on

March 30, 2021

Sector

Mining

Reason or Cause of Conflict

Coal Mining

Starting Year

2020

Land Area Affected (in Hectares)

99

ha

Households Affected by Conflict

People Affected by Conflict

State

Assam

Sector

Mining

People Affected by Conflict

Households Affected by Conflict

Land Area Affected (in Hectares)

99

ha

Starting Year

2020

Location of Conflict

Soraipung

Jeypore, Digboi

Tinsukia

Reason or Cause of Conflict

Coal Mining

Land Conflict Summary

Dehing Patkai Wildlife Sanctuary is a an evergreen rainforest located in Dibrugarh and Tinsukia districts in Assam, covering an area of 111.19 square kilometres. It is part of the Dehing Patkai Elephant Reserve established in 2003 under Project Elephant. Counted among the richest biodiversity hotspots in the world, Dehing Patkai is often called the Amazon of the East.
In April 2020, the National Board for Wildlife (NBWL), the apex advisory body on matters related to conservation and wildlife, approved a proposal from North Eastern Coalfields (NEC), a unit of Coal India Limited (CIL), to carry out opencast coal mining in 57.20 hectares of forestland at the Saleki Proposed Reserve Forest, which is part of the Dehing Patkai Elephant Reserve. The decision was taken at the 57th Meeting of the Standing Committee of the NBWL, chaired by Minister of Environment, Forest and Climate Change Prakash Javadekar on April 17, 2020, through video-conferencing. The Standing Committee considered 31 proposals altogether, 16 of which related to infrastructure projects. All 16 proposals were approved.
The decision of NBWL to rush through environmental clearances while the country was reeling under the COVID-19 pandemic received criticism from several quarters. Many doubted whether environmental impact assessments received enough importance in the decision-making process. Outraged at the nod for coal mining at Dehing Patkai, several environmentalists, activists, student bodies, artists and others in the state launched a dynamic online protest using thoughtful artworks, slogans, videos and online signature campaigns while also making hashtags like #SaveDehingPatkai and #IAmDehingPatkai trend on several online platforms. All of them have demanded a complete ban on opencast coal mining, calling it detrimental to the ecological balance of the wildlife sanctuary.
It is reported that mining was initially restricted to CIL, but over the last few years, as pointed out by ornithologist Anwaruddin Chowdhury, illegal mining in the protected area has increased rapidly. Trinayan Gogoi, founder of the non-profit Green Bud Society, told the media that attacks on human settlements by elephants have resulted from coal mining and tree felling which have shrunk the area reserved for the mammal.
It has also been reported that CIL had been carrying out mining operations at Dehing Patkai even though its lease, which NEC had obtained for 30 years, had expired in 2003. This means that CIL has been mining in the area violating the provisions of the Forest Conservation Act (FCA), 1980.
In 2012, CIL had sought a clearance of 98.59 hectares, which included a post-facto approval from 2003 to 2013. The request, however, was rejected. It was only in 2019 that the Centre gave Stage-I clearance to CIL for opencast mining on 57.20 hectares, with 28 conditions, including fines and enquiries against personnel responsible for the violation of the FCA. The Assam Forest Department imposed a penalty of INR 43.25 crore on CIL for carrying out illegal mining activities between 2003 and 2019.
On June 4, 2020, the Gauhati High Court took suo moto cognizance of allegations over coal mining in the Dehing Patkai forest and issued notices to the Centre, state government, CIL and other stakeholders after two consecutive public interest litigations (PILs) were filed in the high court. The PILs denounced CIL for obtaining clearance by furnishing inaccurate information.
In the face of mounting evidence and political pressure, the 58th Standing Committee of NBWL ordered a suspension on all mining activity in Dehing Patkai from July 2020 until further notice. Meanwhile, the Assam government announced in July that year that Dehing Patkai Wildlife Sanctuary would be upgraded to a National Park. The preliminary notification regarding the same was issued in December 2020.
Responding to the allegations over coal mining, the state had formed a one-man inquiry commission on July 18, 2020, to investigate all such allegations since 2003. The report is yet to be made public.

Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Complete ban on coal mining

Region Classification

Urban and Rural

Type of Land

Common

Type of Common Land

Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Forest and Scheduled Area Governance Laws, Central/State Government Policy, Environmental Laws

Legislations/Policies Involved

Forest (Conservation) Act, 1980
Section 2: [Restriction on the dereservation of forests or use of forest land for non-forest purpose]
Wild Life (Protection) Act, 1972
Section 29: [Destruction within a sanctuary is prohibited without prior permission] 
Biological Diversity Act, 2002
Section 19: [Approval by the National Biodiversity Authority required for undertaking activities]
Assam Forest Regulation, 1891
Section 3(4): [Forest produce includes coal]; Section 25: [Subjecting forest produce to any manufacturing process or removal of such forest produce is prohibited]
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    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Violation of environmental laws

Legal Status:

In Court

Status of Case In Court

Pending

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Gauhati High Court

Case Number

PIL (Suo Moto) 3/2020

Main Reasoning/Decision of court

The Court was cognizant of the wide impact of such coal mining and asked various government authorities to file affidavits regarding whether environmental impact assessment was conducted before taking any steps for allowing mining.

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

National Board for Wildlife; Ministry of Environment, Forests and Climate Change; Department of Environment & Forests, Government of Assam; Ministry of Mines

PSUs Involved in the Conflict:

Coal India Limited, North Eastern Coalfields

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

No

Communities/Local Organisations in the Conflict:

All Assam Students’ Union, Krishak Mukti Sangram Samiti, Northeast Solidarity for Environmental Justice

Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Image Credit:  

Video

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