Safiya Malik

The Gauhati High Court has disposed of a Public Interest Litigation (PIL) initiated suo motu regarding illegal coal mining activities in the Tipam Hills under Digboi Sub-Division. The court took cognizance of a newspaper report highlighting concerns about illegal mining and its impact on the historic site. The court recorded the compliance reports submitted by the State and other respondents, confirming that illegal mining activities had been halted and were under regular surveillance. Additionally, the court directed the State authorities to continue monitoring and supervision to prevent any recurrence. The matter also brought into focus the protection of historically significant monuments of the Ahom dynasty, with the court instructing the authorities to expedite the process of surveying and preserving these sites within six months.

The case originated from a suo motu PIL based on a news report published on April 5, 2018, in an Assamese newspaper, which highlighted illegal coal mining activities in the Tipam Hills. The report claimed that these activities were leading to the destruction of the area’s historical significance.

Upon receiving notice, the State of Assam and other concerned respondents submitted compliance reports indicating that illegal mining activities had been curbed and were now under continuous monitoring to prevent further exploitation. The court noted these submissions and recorded the efforts taken by the authorities.

The Amicus Curiae, Mr. T.J. Mahanta, submitted that, based on the compliance reports, no illegal mining activities had been observed in the last two years. However, he urged the court to direct the State to maintain strict vigilance to prevent any resurgence of such activities.

During the proceedings, an additional issue concerning the preservation of historically significant monuments of the Ahom dynasty was raised. The court, on April 30, 2024, directed the State Government to furnish details on steps taken for the protection of these sites, particularly in response to a booklet submitted by respondent No. 16, Dr. Jogendra Nath Phukan. This booklet contained details of historical monuments that were not yet classified as protected under existing legal provisions.

The court observed that the State Government and other respondents had taken significant steps to curb illegal mining activities in the Tipam Hills area. The compliance reports indicated that no unlawful activity had been reported in the last two years, and continuous monitoring was in place to ensure the protection of the site. The court took note of the Amicus Curiae’s request to maintain strict surveillance over the area.

On the issue of protecting historical monuments, the Directorate of Archaeology, Government of Assam, submitted an affidavit on August 29, 2024, outlining the ongoing efforts to identify and preserve historically significant sites. The affidavit stated: "At least two years is required to conduct survey and exploration to authenticate the archaeological importance of all the sites included in the booklet by incorporating necessary budgetary provision and also by providing license for exploration from the Archaeological Survey of India. Further, from the exhaustive list in the booklet, the Director, Archaeology states that 38 (thirty-eight) sites are already under the possession of the Directorate of Archaeology but the Sattras do not fall under the purview of the Directorate of Archaeology. Therefore, the historic sites and monuments of the Ahom Dynasty as mentioned in the booklet of Dr. Phukan can be brought under the purview of ‘protected historical sites/monuments’, after measuring its authenticity, integrity and archaeological findings which can be established only after a detailed and systematic exploration through the Directorate of Archaeology, Assam under the Department of Indigenous and Tribal Faith and Culture.”

The court recorded the submission that an extensive survey was necessary to assess the authenticity, integrity, and archaeological value of these sites before they could be designated as protected historical monuments.

Based on the submissions made before it, the Gauhati High Court issued the following directives:

1. The respondents were instructed to complete the survey and assessment of historical sites mentioned in the booklet within six months and subsequently take effective measures for their protection.

2. The State Government and concerned authorities were directed to continue monitoring and supervising the Tipam Hills area to prevent illegal coal mining activities.

3. The PIL was disposed of with these directions, ensuring that necessary measures were in place for the preservation of both the environment and historical heritage.

Case Title: In Re – The State of Assam & 15 Ors.
Case Number: PIL (Suo Moto)/3/2018
Bench: Chief Justice Vijay Bishnoi, Justice Suman Shyam

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