The Calcutta High Court, through a division bench headed by Chief Justice T.S. Sivagnanam, has instructed the Government of West Bengal and the West Bengal Power Development Corporation Limited (WBPDCL) to submit affidavits within three weeks. This direction came in response to an interim application filed in an ongoing Public Interest Litigation (PIL) that challenges alleged illegalities in the Deocha-Pachami-Dewangunj-Haringinga (DPDH) coal and basalt mining project located in Birbhum district. The PIL also highlights concerns over the forced displacement of the local tribal population.
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Filed originally in 2022, the petition accuses the project of breaching several key laws, including the Land Acquisition Act, 2013, the West Bengal Land Reforms Act, 1955, and the Forest Rights Act, 2006. The petitioner stressed that the mining project could destroy the land, livelihood, and traditions of over 4,314 families who live in the area.
It was also revealed that the petitioner sought information under the Right to Information (RTI) Act in March 2022 regarding the project but received a response from WBPDCL stating that the Environmental Impact Assessment (EIA) was still pending. Additionally, it was mentioned that land acquisition was being conducted under a memorandum, bypassing the legal procedures mandated under the 2013 Act.
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"The petitioner has urged the court to order an immediate halt to all land acquisition and mining-related activities by WBPDCL and the Birbhum district authorities until full legal compliance is ensured."
The latest interim application stems from recent developments where the Chief Minister of West Bengal announced during the Bengal Business Summit 2025 that mining activities at the DPDH site had commenced. Petitioners claim that residents, mainly belonging to the Santal community, a recognized Scheduled Tribe in West Bengal, were not informed or consulted before the mining activities began.
The petition points out that the sudden mining activities took place without transparency and involved coercive methods. Locals, including tribal women, were reportedly threatened with arrests and criminal charges by the Mohammadbazar Police Station and the Birbhum administration, which instilled fear among the peacefully protesting villagers.
"Counsel for the petitioner emphasized that the Chief Minister’s announcement and subsequent mining through sub-contracted parties at DPDH appear to violate the Efficiency Parameters and Geological and Archaeological Finds sections of the mining allotment agreement."
Interestingly, the Deocha-Pachami site is unique because the overburden in the coal-bearing region also contains valuable basalt deposits, reportedly worth more than ₹5,000 crore. Questions have arisen over whether WBPDCL is legally entitled to fully exploit and profit from these basalt resources without appropriate procedures.
The petition stresses that crucial procedural steps, such as public hearings, geological reports, mining lease applications, environment clearances, and forest clearances, have not been properly completed or are being withheld from the public. In villages like Chanda, Sagarbandi, Gobarbathan, and Mathura Pahari, locals fear losing their lands and livelihoods without their consent.
"The petition asserts that these actions violate the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Coal Bearing Areas Act, 1957, and the Mines and Minerals (Development and Regulation) Act, 1957."
Case: Prasenjit Bose v. State of West Bengal
Case No: WPA(P)/236/2022
