Meghalaya High Court Asks State To Identify 'Kingpins' Of Illegal Coal Mining, Take Appropriate Legal Action

The Meghalaya High Court on Monday expressed hope that the State will take effective steps to identify kingpins of illegal coal mining and take appropriate action in the matter.

A full bench comprising Chief Justice Sanjib Banerjee and Justices H. S. Thangkhiew & W. Diengdoh was hearing a Public Interest Litigation on the menace of Illegal Coal Mining in the State.

During the hearing Dr Mozika DSGI, invited the attention of the court to the fact that after orders have been passed for shutting illegal coke plants, the real persons who started the illegal operations may have abandoned most of the coke plants and the local persons or the workers may have taken over their reduced operations and hence suggested that the identification of the kingpins should be undertaken for it is not be a difficult job, as they are well known.

To the suggestion of the DGSI, the Advocate-General submitted that the State has called upon the investigating agency to trace out the original operators and bring them to book. Additional penal provisions have, apparently, been incorporated in the original FIRs to facilitate such a process, he added.

After hearing the Advocate General the bench observed that If the real culprits are well known, it would be expected of the State to take appropriate action against them in accordance with law.

The bench further asked Justice Katakey, who has been tasked to implement the orders of Supreme Court and the National Green Tribunal regarding tackling the menace of Illegal Coal Mining in the State to look into the aspect of as to what may be perceived to be "illegally operating coke plants"

While seeking assistance from Justice Katakey in order to ascertain as to what would constitute such Illegal Coke plants observed,

"Would it be if such plants do not have any license or permission to operate or, even if they do possess the requisite license, the source of coal is not legitimate. Both aspects are of key importance".

Since the petitioner had prayed that this aspect of the matter be looked into by Justice Katakey, the bench agreed to the same and the petitioner was given liberty to approach Justice Katakey for a better clarity on this aspect of the matter.

The bench further directed that any matter pertaining to illegally operating coke plants may be incorporated in the interim reports that are filed regularly by Justice Katakey in the suo motu proceedings.

The court listed the matter again on May 09,2023 for further consideration.

Case Title: Shailendra Kumar Sharma Vs State of Meghalaya & ors

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