Gauhati HC fines Assam forest department Rs 10,000 for non-compliance

The Gauhati High Court on Tuesday fined the Assam forest division Rs 10,000 for failing to file an affidavit in reference to a public curiosity litigation (PIL) on grant of permission to Oil India Limited (OIL) to drill for hydrocarbons beneath the Dibru Saikhowa National Park (DSNP).

A division bench comprising Chief Justice (performing) NK Singh and Justice Manish Choudhury was listening to the PIL looking for the courtroom’s intervention towards the Centre’s permission to OIL to drill inside DSNP by casting off public hearings beneath the draft surroundings impression evaluation (EIA) notification, 2020.

During the final listening to on September 30, the courtroom had issued notices to all 14 respondents together with the Centre and Assam authorities to file affidavits earlier than the following date of listening to.

The courtroom had directed the respondents to additionally point out of their affidavits on whether or not a Supreme Court order of 2017 asking OIL to hold out a biodiversity impression evaluation research by Assam State Biodiversity Board was adopted earlier than permission was given to drill at DSNP by Centre in May this 12 months.

“On Tuesday, the Assam forest department, one of the respondents, sought more time to file the affidavit. The court immediately imposed a penalty of Rs 10,000 on them for failing to file the affidavit. Though the amount is small, it sends the message that the court has taken the issue seriously,” stated Debajit Kumar Das, advocate for the petitioners Mrinmoy Khataniar and Amar Jyoti Deka.

The matter has now been mounted for listening to on November 19 for consideration of keep of the environmental clearance given to OIL to drill for hydrocarbons beneath DNSP.

On May 11, the Union forest, surroundings and local weather change ministry had given environmental clearance for extension drilling and testing of hydrocarbons at seven places by OIL beneath DNSP in Tinsukia district of Assam.

Spread over 340 sq km, Dibru-Saikhowa is likely one of the 5 nationwide parks in Assam. The park, which can also be a biosphere reserve, is house to 36 mammal species together with tiger, Gangetic dolphin, feral horses and so forth. and 382 chicken species.

Concerns about OIL’s drilling plan quickly emerged on social media platforms after the corporate printed an commercial in newspapers mentioning the surroundings ministry’s clearance for the challenge.

Reacting to the apprehensions, OIL had clarified in May that the corporate received’t function contained in the nationwide park and the drilling may have no impression on the realm as operation could be performed by prolonged attain drilling (ERD).

On Monday, the petitioners had filed a recent affidavit, which sought inclusion of a report submitted by a committee of specialists to the National Green Tribunal (NGT) in July this 12 months, to be added to the unique PIL.

The report primarily based on a case pending earlier than NGT relating to compensation for blowout of a pure fuel nicely at Baghjan (near the DSNP) in May this 12 months indicated that OIL had not complied with SC’s directives of 2017 relating to a biodiversity impression evaluation for drilling on the nationwide park.

“As on date there appears to be no such biodiversity impact assessment study, either prepared by Assam State Biodiversity Board or any other agency engaged by OIL, on record, till date,” the report acknowledged.