Meghalaya High Court: In suo motu proceedings initiated by the Court against the illegal mining and transportation of coal in the State, the three Judge Bench of Sanjib Banerjee (CJ), H.S. Thangkhiew and W. Diengdoh, JJ., reprimanded the respondent State for its lacking in controlling the illegal mining operations in the State and directed the respondent State to indicate the person behind the illegal coke plants within the period of four weeks.
Background
The Court had appointed Justice (Retired) B.P Katakey, a former Judge of the Gauhati High Court, to head a committee for recommending the measures to be taken by the respondent state in compliance with the directions issued by the Supreme Court and National Green Tribunal (‘NGT') to curb illegal coal mining. It was revealed in the 41 pages report submitted by the Justice Katakey, that except for notifying the Meghalaya Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2022, the State of Meghalaya, the State and Central Pollution Control Boards, the North Eastern Space Application Centre and the Integrated Regional Office of the Ministry of Environment, Forest and Climate Change had failed to comply with the order of the Supreme Court and NGT.
Court's Order
The Court said that the ongoing situation of the illegal coal mining has continued blatantly in the State of Meghalaya from 2016 despite repeated orders of the NGT and the Supreme Court, rather than prohibiting these operations the respondent State may have provided tacit support to these operations. The Court noted that the respondent State had indicated that 57 illegally operating coke plants were shut down and steps were being taken against the rest who cannot indicate permission to operate or explain the source of obtaining coal for their operations.
The Court said that despite the respondent State and its Chief Secretary being tasked with the obligation to ensure that illegal coal mines did not operate, the industry boomed till suo motu cognizance was taken of the matter by the Court.
The Court also said that the kingpins behind these illegal coal operations, were obviously nurtured and protected by the respondent State to run such illegal industry.
The Court reprimanded the respondent State for its fanfare announcement about the imminent commencement of scientific coal mining, as due to its callousness and criminal support to the kingpins, valuable revenue was lost, several lives were sacrificed, and illegal transportation of coal had still continued.
The Court also noted that in another matter, a single entity in various avatars had exported thousands of metric tonnes of coal through the Gasuapara Land Customs Station in South Garo Hills and nobody from the respondent State or at the relevant LCS, sought to ascertain the source of such coal. The Court said that indeed, a First Information Report was filed by the sales tax authorities in Guwahati to the effect that the coal may have been of Meghalaya origin and may have been shown in the papers to being transported from Guwahati or thereabouts back to Meghalaya for its export ultimately to Bangladesh.
The Court stated that ‘these are matters of serious concern'. The Court said that despite the repeated order of the Court, the respondent State had cared little to check the menace.
Therefore, the Court directed the respondent State to indicate the person behind the illegal coke plants and take steps within the law to book these persons, within the period of four weeks.
The Court also said that Justice Kakatey will, doubtless, ensure that the illegal coke plants are no longer in operation by the time the matter appears next.
[Shailendra Kumar Sharma v. State of Meghalaya, 2023 SCC OnLine Megh 217, Order Dated: 09-05-2023]