Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010016952025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL(Suo Moto)/1/2025 IN RE- DIMA HASAO TRAGEDY NA VERSUS THE CHIEF SECRETARY TO THE GOVT. OF ASSAM AND 6 ORS. JANATA BHAWAN, DISPUR, GUWAHATI-781006 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM MINES AND MINERALS DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI-781006 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI-781006 4:THE SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI-781006 5:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT JANATA BHAWAN DISPUR GUWAHATI-781006
Page No.# 2/5 6:THE PRINCIPAL SECRETARY KARBI ANGLONG AUTONOMOUS COUNCIL M.G. ROAD DIPHU-782460 7:THE DIRECTOR DIRECTORATE OF GEOLOGY AND MINING KAHILIPARA GUWAHATI-78101 Advocate for the Petitioner : MR. T J MAHANTA (SC, GHC), Advocate for the Respondent : , Linked Case : I.A.(Civil)/281/2025 MAHAJAN KRO S/O HEMARI KRO R/O RONGBIN AKLAM HORILAL BASTI P.O. AND P.S. KHERONI DISTRICTKARBI ANGLONG DIPHU-782462 2: NIRMAL LANGTHASA S/O LATE GOBIND CH LANGTHASA DISAGO RAZI CONVENT ROAD P.O. AND P.S. HAFLONG PIN 788819 DISTRICT DIMA HASAO ASSAM 3: PITUSH LANGTHASA S/O LATE LAIBANON LANGTHASA DIMALIK RAJI HAFLONG NORTH CACHAR HILLS PIN 788819 ASSAM 4: KOME KEMPRAI SON OF BOJENDRA KEMPRAI DIMADAO WAPU DEHANGI
Page No.# 3/5 P.O. DEHANGI NORTH CACHAR HILLS PPIN 788819 ASSAM VERSUS THE CHIEF SECRETARY TO THE GOVT OF ASSAM JANATA BHAWAN DISPUR-781006 GUWAHATI ASSAM 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT OF ASSAM MINES AND MINERALS DEPT DISPUR GUWAHATI-6 ASSAM 3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM ENVIRONMENT AND FOREST DEPT JANATA BHAWAN GUWAHATI-6 ASSAM 4:THE SECRETARY TO THE GOVT OF ASSAM HOME AND POLITICAL DEPT JANATA BHAWAN DISPUR GUWAHATI-6 ASSAM 5:THE PRINCIPAL SECRETARY GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT JANATA BHAWAN DISPUR GUWAHATI-6 ASSAM 6:THE PRINCIPAL SECRETARY KARBI AGLONG AUTONOMOUS COUNSIL MG ROAD DIPHU-782460
Page No.# 4/5 ASSAM 7:THE DIRECTOR DIRECTORATE OF GEOLOGY AND MINING GUWAHATI KAHILIPARA GUWAHATI-19 ASSAM ------------ Advocate for : MR HARISH BETALA Advocate for : MR. T J MAHANTA appearing for THE CHIEF SECRETARY
BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 07/02/2025 Vijay Bishnoi, CJ
Heard Mr. T.J. Mahanta, learned senior counsel assisted by Mr. P.P. Dutta, learned counsel for the petitioner and Mr. D.K. Das, learned counsel appearing for the applicants in IA(C) 281/2025.
We have also heard Mr. D. Saikia, learned Advocate General, Assam assisted by Mr. D. Nath, learned Senior Government Advocate, Assam, representing the respondent nos. 1, 2 & 7 as well as Mr. J. Chutia, learned Standing Counsel, KAAC, appearing for the respondent no. 6. In response to the notice issued in this PIL petition on 28/01/2025, Mr. D. Saikia, learned Advocate General, Assam, has submitted an affidavit on behalf of the respondent nos. 1, 2 & 7 wherein, the steps taken by the State Government for stopping the illegal mining in the area have been mentioned. Mr. Saikia has submitted that the response on behalf of the respondent nos. 1, 2 & 7 is only a preliminary response and a detail affidavit in respect of the steps taken by the State Government to stop the illegal mining in future in collaboration with other stake holders will be filed. No response is filed on behalf of the KAAC. The learned counsel for the KAAC prays for time to file response on behalf of the respondent KAAC. Time prayed for is granted. The State as well as KAAC may file their detail response by the next date of hearing. We are in receipt of an application with a prayer for impleadment as party respondent in this PIL petition on behalf of the residents of that area where the Dima Hasao tragedy happened. Taking note of the fact that they are local residents and may aware of the ground situation, we deem it
Page No.# 5/5 appropriate to allow the applicants to intervene in the matter. Some representations have also been received from the public representatives i.e. the Leader of Opposition of the Assam State Legislative Assembly and Mr. Pradyut Bordoloi, Member of Parliament, Lok Sabha, wherein, certain materials have been placed on record in respect of the illegal mining in the State of Assam. The materials supplied through these letters are placed on record and be supplied to the learned Advocate General as well as the counsel for the KAAC by the Registry. Mr.
D.K. Das, learned counsel for the interveners and Mr. D. Saikia, learned AG, Assam, have suggested that since the tragedy took place in the Dima Hasao district, the Principal Secretary to the Dima Hasao Autonomous Council be also impleaded as one of the party respondent in this petition. Taking into consideration the above suggestion, we direct the Registry to implead the Principal Secretary, Dima Hasao Autonomous Council as respondent no. 8 in this PIL petition. Amended cause title be replaced. Issue notice to the newly added respondent no. 8. Mr. R.M. Das, learned Standing Counsel, Dima Hasao Autonomous Council is directed to accept notice on behalf of the newly added respondent no. 8. Relevant documents be supplied to him by the Registry. List after six weeks by reflecting the names of the Counsel appearing on behalf of all the respondents as well as interveners, in the cause list. IA(C) 281/2025 stands disposed of. JUDGE CHIEF JUSTICE
sukhamay Comparing Assistant