Take Measures For Protection Of Monuments Relating To Ahom Dynasty & Prevention Of Illegal Mining In Tipam Hills: Gauhati HC To Assam Govt

The PIL (Suo Moto) petition had been registered by the High Court taking into consideration a newspaper report published in an Assamese newspaper, wherein it was reported that illegal activities were carried out by coal smugglers in the Tipam Hills area under Digboi Sub-Division thereby destroying the historic Hills.

The Division Bench comprising Chief Justice Vijay Bishnoi and Justice Suman Shyam asserted, “At the same time, we also direct the State Government as well as the other respondents to monitor and supervise the Tipam Hills Area to prevent illegal mining by the coal smugglers.”

Standing Counsel T.J. Mahanta represented the Petitioner while Senior Government Advocate A. Chandran represented the Respondent-State.

Arguments

The Amicus Curiae submitted that after the compliance reports were filed, no illegal activities had been witnessed in the Tipam Hills in the last two years. A plea was also raised that the State be directed to continue the monitoring and supervision so that illegal mining activities cannot again be carried out by the coal smugglers.

Reasoning

The Bench took note of the fact that after the issuance of notice to the State and other respondents, several compliance reports were filed wherein the State, as well as the other respondents, submitted that illegal mining activities carried out by the coal smugglers in the Tipam Hills under Digboi Sub-Division have been stopped. The Court was also informed that regular monitoring is being done so that no illegal mining is carried out by the coal smugglers in the said area.

It was noticed that during the pendency of this PIL (Suo Moto) petition, another issue regarding the protection of the monuments of historical importance of the Ahom dynasty had also been raised. In this connection, the Court had earlier directed the State of Assam to bring on record the steps taken by the State Government. An affidavit was filed on behalf of the Director, Directorate of Archaeology, Government of Assam wherein a categorical statement was made that a survey is going on to identify the historical monuments and thereafter, necessary steps will be taken to protect the same. The Court took note of the fact that it was mentioned therein that so far as the monuments of the Ahom Dynasty are concerned, an exercise is to be undertaken to take those monuments under the purview of ‘protected historical sites/monuments’ by measuring their authenticity, integrity and archaeological findings.

“Taking into consideration the above submission made on behalf of the Director, Directorate of Archaeology, we deem it appropriate to dispose of this PIL (Suo Moto) petition at this stage with a direction to the respondents to complete the said exercise expeditiously, preferably, within a period of 6(six) months from today and thereafter, to take effective measures for protection of the historical monuments relating to the Ahom Dynasty in the State of Assam”, the Bench held.

The Bench disposed of the Petition by further directing the State Government as well as the other respondents to monitor and supervise the Tipam Hills Area to prevent illegal mining by the coal smugglers.

Cause Title: XXXX v. In Re- the State of Assam and 15 Ors (Neutral Citation: 2025:GAU-AS:1104)

Appearance:

Petitioner: Standing Counsel T.J. Mahanta, Amicus Curiae, Advocate A. Barua,

Respondents: Senior Government Advocate A. Chandran, Senior Advocate M.Z. Ahmed, Central Government Counsel H. Gupta, Advocate R. Baruah, Standing Counsel D. Gogoi, Advocate A.M. Dutta,

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