Kiran Raj

The Gauhati High Court has initiated suo motu Public Interest Litigation (PIL) concerning the recent coal mine tragedy in Umrangso, Dima Hasao district, Assam. The court noted reports indicating that over 200 illegal rat-hole mines continue to operate in the region. Concerns were also raised regarding similar mining activities in Karbi Anglong, suggesting a lack of enforcement by authorities despite the hazardous nature of these operations.

Observing the potential threat to life and the environment, the High Court has issued notices to state authorities, directing them to submit a status report on the actions taken to curb illegal rat-hole mining across Assam.

The case, registered as PIL (Suo Moto)/1/2025, was listed for hearing before a division bench comprising Chief Justice Vijay Bishnoi and Justice Kaushik Goswami. The proceedings were initiated following an earlier order issued on January 27, 2025, which led to the registration of this matter.

The respondents named in the case include several key officials from the Assam government, responsible for overseeing mining, environmental protection, and law enforcement:

Senior Advocate T.J. Mahanta, representing the petitioner, was assisted by Advocate P.P. Dutta. Advocate General of Assam, D. Saikia, along with Senior Government Advocate, D. Nath, and Advocate P. Barua, appeared for the respondents. J. Chutia, Standing Counsel for the Karbi Anglong Autonomous Council, also presented submissions on behalf of his client.

During the hearing, the bench recorded its concerns regarding the unchecked rat-hole mining operations and the apparent lack of action by regulatory bodies. The court took note of various reports indicating that illegal coal mining remains rampant despite the risks posed to miners, local communities, and the environment.

The bench observed: "The Court has taken note that in Karbi Anglong district of the State of Assam, the rat-hole mining is rampant and is either going unnoticed or despite having knowledge of the same, the authorities are not taking any action to stop or close those rat-hole mines."

The judges further acknowledged the need for immediate intervention by the state authorities to prevent further environmental degradation and ensure compliance with existing mining regulations.

Considering the seriousness of the issue, the court deemed it necessary to seek responses from the Government of Assam and relevant departments, directing them to furnish a status report detailing actions taken to curb illegal coal mining in the state.

The Gauhati High Court formally issued notices to the Chief Secretary, Government of Assam, and other key officials, directing them to submit a status report on measures taken to curb illegal rat-hole mining in the state.

Advocate General D. Saikia accepted the notice on behalf of respondents while Standing Counsel J. Chutia accepted notice on behalf of the Karbi Anglong Autonomous Council .

The court directed: "Learned counsel appearing for the respondents may file their response to the PIL (Suo Moto) petition and the latest status report regarding the action taken by the State Government to stop the practice of rat-hole coal mining in the State of Assam by the next date of hearing."

The matter has been scheduled for the next hearing on February 7, 2025, during which the court will examine the government’s response and consider further action.

Case Title: In Re: Dima Hasao Tragedy v. The Chief Secretary, Government of Assam & Ors.

Case Number: PIL (Suo Moto)/1/2025

Bench: Chief Justice Vijay Bishnoi, Justice Kaushik Goswami

[Read/Download order]