Illegal Coal Mining Continues With State Participation & Encouragement: Meghalaya High Court Issues Contempt Notice To SP, East Jaintia Hills

The Meghalaya High Court on Wednesday said that illegal coal mining in the state continues with "possible State participation and even encouragement".

A Full Bench Of Chief Justice Sanjib Banerjee, Justice H.S. Thangkhiew and Justice W. Diengdoh issued contempt notice to the Superintendent of Police, East Jaintia Hills on the basis of a report revealing that illegal mining has endangered Krem Lait Prah cave at Shnongriam village in East Jaintia Hills.

"It, thus, appears that despite the several orders of this Court issued as a consequence of the ban imposed by the NGT as upheld by the Supreme Court, illegal mining of coal continues in the State with, possible, State participation and even encouragement," said the court.

The order was passed in a suo motu case related to illegal mining of coal in the State. The court has been monitoring the progress made in the auction of coal that was mined prior to the imposition of the ban by the National Green Tribunal. Justice B.P. Katakey, former high court judge, who has been appointed to implement the directions issued by NGT and Supreme Court, recently filed his ninth interim report before the bench.

"Apart from certain procedural matters and the amendments to the standard operating procedure earlier set, the report reveals a serious issue from which it is evident that the State continues to play fast and loose with the Court," said the court.

The State Chief Secretary on September 20 had told the court that 32,56,715 MT of coal was available for auction. The court noted that the latest report filed by Justice Katakey reveals that only a total of 19,54,258.816 MT was available prior to imposition of ban.

The court said: "What is apparent is that in addition to the previously illegally mined coal measuring approximately 19,54,259 MT a further 13 lakh MT of coal was illegally mined, transported and discovered which the State sought to pass off as coal mined prior to the imposition of the ban."

Stating that Justice Katakey has suggested drone videography for the purpose of monitoring, the court said it is hoped that the retired judge's directions are adhered to.

"There is a further point which finds mention in the report and needs to be noticed. According to the information furnished by the Secretary to the State in the Mining and Geology Department, a large number of coke oven plants and ferro alloys plants are operating in the State but only a limited few have both consent to establish and consent to operate granted by the Meghalaya State Pollution Control Board," the court said,

The court added that apart from the fact that several coke oven and ferro alloys plants are operational without due permission, the source of coal at these plants has neither been identified nor reported on by the State. This has to be immediately done and both the Secretary in the Mining and Geology Department and the Chief Secretary will be responsible in such regard, it said.

The report submitted by Justice Katakey also revealed that he had sought a report from Deputy Commissioner, East Jaintia Hills on a news report appearing on a website under the headline "Wonder caves in Jaintia Hills at risk from rampant mining".

Deputy Commissioner's report, as per the order, revealed attempts at illegal mining of coal in the recent past including blasting that has endangered the Krem Lait Prah cave situated at Shnongriam village, East Jaintia Hills.

Observing that it has previously indicated that the relevant Superintendent of Police would be held in contempt if illegal mining or transportation of illegally mined coal was discovered within his jurisdiction, the court said:

"...let a rule of contempt be issued against the Superintendent of Police, East Jaintia Hills based on the report dated December 3, 2022 filed by the Deputy Commissioner of the same district."

The matter is now listed for hearing on February 7, 2023.

Case Title: In Re: (Suo motu): Illegal mining of coal in the State of Meghalaya v. State of Meghalaya

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