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Calcutta High Court Seeks West Bengal Government's Response in PIL Challenging Deocha-Pachami Coal Project

 

Calcutta High Court Seeks West Bengal Government's Response in PIL Challenging Deocha-Pachami Coal Project

The Calcutta High Court has directed the West Bengal Government and the West Bengal Power Development Corporation Limited (WBPDCL) to file affidavits within three weeks in response to an interim application filed in a Public Interest Litigation (PIL) challenging the Deocha-Pachami-Dewanganj-Harinsingha (DPDH) coal mining project in Birbhum district. The division bench, led by Chief Justice T.S. Sivagnanam, issued this directive after the petitioner raised concerns about alleged illegalities and violations associated with the project's implementation, including the forcible displacement of local tribal populations.

The PIL, initially filed in 2022 by economist and activist Prasenjit Bose, contends that the project violates several laws, including the Land Acquisition Act, 2013, the West Bengal Land Reforms Act, 1955, and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The petitioner alleges that the project could lead to significant loss of land, livelihood, and cultural heritage for over 4,314 affected families, many of whom belong to the Santal community, a recognized Scheduled Tribe in West Bengal.

In March 2022, the petitioner submitted a set of questions under the Right to Information (RTI) Act to the Birbhum District Magistrate's office, seeking details about the coal mining project. The WBPDCL responded in April 2022, stating that the environmental impact assessment for the project had not yet been conducted and that land was being procured under certain official memoranda. The petitioner argues that this approach circumvents the statutory requirements outlined in the 2013 land acquisition law.

The interim application prompting the recent court directive was filed following the West Bengal Chief Minister's announcement at the Bengal Business Summit in February 2025 regarding the commencement of mining activities at the DPDH site. The petitioner contends that local residents, particularly those from the Santal community, were neither informed nor provided legal consent for the project, rendering the initiation of mining activities opaque and potentially illegal.

The Deocha-Pachami coal block is considered India's largest and the world's second-largest coal reserve, with approximately 2,170 million tonnes of coal. The West Bengal government has proposed a ₹10,000 crore compensation and rehabilitation package for those affected by the project. However, the project has faced significant opposition from local communities and activists, who argue that the compensation is inadequate and that the project threatens their land, livelihoods, and cultural heritage.

In response to the protests, the state government has engaged with tribal organizations to address concerns and clarify that the project would involve underground mining, thereby minimizing displacement. The government has also revised the compensation package, increasing the built-up area for rehabilitation houses and offering higher monetary compensation for those opting out of the housing package. Despite these measures, opposition to the project persists, with activists and local residents continuing to demand its withdrawal.

The Calcutta High Court's directive for the state government and WBPDCL to file affidavits marks a significant development in the ongoing legal and social discourse surrounding the Deocha-Pachami coal project. The court's involvement underscores the need for transparency, adherence to legal protocols, and the protection of the rights of indigenous communities in large-scale development projects. As the case progresses, it will be crucial to monitor how the state addresses the legal challenges and community concerns associated with the project.

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