Meghalaya High Court: Illegal mining of coal above 13 MT

Shillong: The Meghalaya High Court said that over 13 MT of coal was illegally mined, transported and discovered in an attempt to pass it off as coal mining before the state imposed a ban on coal mining.

The court said that Justice Katakey’s report on coal available at depots in four districts of East Jaintia Hills, West Khasi Hills, South Garo Hills and South West Khasi Hills stated that 19,54,250 MT of coal is available in the state. A September report by Chief Secretary DP Wahlang said that 32.56 MT of coal was available for auction.

“What is evident is that apart from the earlier illegal mining of about 19,54,259 metric tonnes of coal, another 1.3 lakh metric tonnes of coal was illegally mined, transported and discovered by the state. sought to pass as coal mining before enforcement. ban,” a full 3-judge division bench headed by Chief Justice Sanjib Banerjee which heard a PIL on Wednesday said in an order.

“There is no doubt that in addition to the total quantity of 32.56 lakh metric tonnes, additional quantity of coal (will be available) as indicated in the Chief Secretary’s report dated September 20, 2022,” the order said, “is It is clear that the state continues to play fast and loose with the court.
The court also wanted Justice Kataki, who had suggested drone videography on December 2, to speed it up.

The next hearing on the matter will be held on February 7.

The High Court also issued a contempt of court order against the East Jaintia Hills Superintendent of Police (SP) after a report revealed that illegal coal mining was going on in the district.
Justice BP Katki had sought a report from the deputy commissioner of the district based on a news report stating that “the amazing caves in the Jaintia hills are under threat of large-scale mining”.

The court said that the report submitted by the Deputy Commissioner on December 3 had revealed illegal coal mining efforts in the recent past, including blasting, which threatened the Karim Lait Pera Cave in Shinungrim village. I have put

The district administration had also informed that directions have been issued to the Magistrate concerned to conduct repeated inspections and impose prohibitory orders under Section 144 of the Penal Code, 1973.
“Thus, it appears that despite the numerous orders of this Court issued as a result of the ban imposed by the Supreme Court on the NGT, coal mining in the State is likely to continue, with State participation and even encouragement. Illegal mining is going on,” the court said.

Accordingly he directed, “Since the previous orders of this Court have indicated that the Superintendent of Police concerned will be held in contempt if there is illegal mining or illegal transportation of coal within his jurisdiction.” The pregnancy was detected, hence the contempt rule should be issued against the Superintendent of Police, East Jaintia Hills based on the report filed by the Deputy Commissioner of the same district on December 3, 2022.
The High Court has also observed that there is another point which is mentioned in the Katki report and which needs attention.

According to the information provided by the Mining and Geology Secretary, a large number of coke oven plants and ferroalloy plants are functioning in the state but the Meghalaya State Pollution Control Board to set up and operate the plan. Only a few have consent. .

Apart from the fact that several coke ovens and ferroalloy plants are operating without permission, the source of coal in these plants has neither been identified nor reported by the state, the court observed.
“This should be done immediately and both the Secretary of Mining and Geology and the Chief Secretary will be responsible in this regard”, the court added.

The High Court bench also directed Justice Kataki to monitor the transportation and sale of reassessed coal and any additional quantity seized by the state as a result of illegal mining. .

On an additional direction issued by Justice Katki to fit coal-carrying vehicles with GPS devices, the state government said that all vehicles have now been fitted with the device.

“It is expected that by the end of December 2022, the bar chart in this regard will be implemented,” the order said.