‘State Of Anarchy Brought About By Govt’: Meghalaya High Court Raps State For Aiding Illegal Coal Mining, Unlicensed Plants

“It is a matter of crying shame that despite orders of the Supreme Court, no less, a state of anarchy is brought about by the State government by flouting such orders and apparently actively aiding in the illegal mining of coal and the functioning of coke plants without licence in the State. The rampant functioning of illegal coke plants leads to the obvious inference of rampant illegal mining of coal in the State despite the State government’s assurance to the contrary.”

The Court was hearing a Public Interest Litigation (PIL) pertaining to functioning of illegal coke plant in the State. The Deputy Commissioner, West Khasi Hills filed an affidavit stating that after the order of the Court dated 16.12.2022, a government order was issued for taking immediate steps to shut down all illegal coke plants operating in West Khasi Hills District.

The affidavit further said that it was found that there were coke plants operating during night in the remote areas ‘clandestinely’. However, the court said it is "completely unacceptable" that the State Government and its officials were unaware of as many as 57 coke plants functioning in a clandestine manner during the night for such illegal plants, which were shut down only after orders passed by the Court upon hearing a PIL.

“It is the bounden duty of the State to ensure that no activity that requires a licence is carried on without the licence being obtained. Indeed, the State’s stand on the entire issue of illegal mining of coal and functioning of illegal coke plants has been less than satisfactory and, at the highest, equivocal,” the court observed.

The court directed the Chief Secretary to file a report at the first sitting of the Court on February 3, 2023, intimating the action taken against the erring officials, including notices of suspension, initiation of departmental proceedings, sequestration of assets for the "flagrant operation" of illegal coke plants.

The bench also made it clear that the Chief Secretary will carry the report to the Court and will remain “personally liable” for any illegal mining of coal or illegal operation of any coke plant in the State.

Case Title: Monu Kumar v. State of Meghalaya & Ors.

Case No.: PIL No. 14 of 2022

Order Dated: 1^st February 2023

Coram: Sanjib Banerjee, CJ & W. Diengdoh, J.

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