Calcutta High Court Calls For West Bengal Govt's Response In PIL Challenging Deocha-Pachami Coal Project

A division bench of the Calcutta High Court led by Chief Justice T.S. Sivagnanam has directed the Government of West Bengal and the WBPDCL to file affidavits within three weeks, responding to an interim application filed in the Public Interest Litigation (PIL) challenging the illegalities and violation of official contractors involved in implementation of coal/basalt mining at Birbhum's Deocha-Pachami-Dewangunj-Haringinga and forcible displacement of the local tribal population.

The plea, initially filed in 2022, alleged that the proposed project breaches the Land Acquisition Act, 2013 and Rules framed thereunder, the West Bengal Land Reforms, Act, 1955 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

The petitioner further alleged that the project in question may potentially lead to serious loss of land, livelihood and tradition for more than 4,314 project-affected families. The Court was also apprised that the petitioner had filed a set of questions regarding the coal mine project under the Right to Information ('RTI') Act, 2005 on March 3, 2022, at the Birbhum District Magistrate's office.

It was contended further that on April 18, 2022, the WBPDCL had responded stating that the environmental impact assessment for the project is yet to be undertaken and that the land in question was being procured under some official memorandum, which amounts to a clear violation of the 2013 land acquisition law.

Accordingly, the petitioner had prayed for directions to be issued to the respondent authorities to cease all activities and operations relating to land acquisition or the proposed DPDH coal mining projects being undertaken by the WBPDCL and the Birbhum district administration in the absence of statutory requirements.

Brief on Interim Application

While affidavits had been filed in the ongoing matter, the present interim application was moved after the Chief Minister of West Bengal had purportedly announced the commencement of mining activities at the site during the Bengal Business Summit in February 2025.

Petitioners allege that the local people inhabiting the DPDH area, a large section of which belongs to the Santal community enlisted as a Scheduled Tribe in the state of West Bengal, were neither informed nor have they legally consented to the mining project, as on date.

It is stated that sudden commencement of mining activities at DPDH in such opaque, non-transparent and prima facie illegal manner have also been accompanied by coercive measures and intimidatory tactics deployed by the Mohammadbazar P.S. and the Birbhum District administration, whereby peacefully protesting locals, including tribal women, have been threatened of arrests and criminal charges.

Counsel for the Petitioner argued that the sudden announcement by the Chief Minister of West Bengal of the commencement of basalt mining through sub-contracted parties within the DPDH coal mine site from February 2025 appears to be a prima facie violation of Section 10 ("Efficiency Parameters" listed in Schedule D) and Section 11.3 (Geological and Archaeological Finds) of the allotment agreement.

The DPDH site presents a unique situation where the overburden in a coal bearing area is also a valuable minor mineral (basalt). Excavation of the overburden at DPDH itself is a potentially profitable activity, with reports valuing the basalt deposits to be worth over Rs. 5000 crore. Whether WBPDCL, which is the allottee of the coal block, is legally entitled to garner the entire revenue of the basalt excavated from the DPDH site is questionable.

It was stated that soil excavation, at Chanda village (located inside DPDH site), disregarding essential procedural requirements of prior notification and public hearing has denied the local Santali people of their right to give prior informed consent. The sudden and unconsented escalation of mining activities at the location has instilled fear among the residents of Chanda, Sagarbandi, Gobarbathan and Mathura Pahari villages who apprehend the seizure of their lands and their subsequent displacement.

Mandatory processes/reports, including the preparation and submission of the Geological Report, Mining Lease Application, Mining Plan, Environment Impact Assessment, Forest Clearance etc., which are prerequisites for the commencement of the coal mining project, are either incomplete or wrapped within a shroud of secrecy.

These are clear violations of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Coal Bearing Areas (Acquisition and Development) Act 1957 and the Mines and Minerals (Development and Regulation) Act, 1957, it is submitted.

Case: Prasenjit Bose v. State of West Bengal

Case No: WPA(P)/236/2022