'Unauthorized Coke Plants Matter Of Crying Shame': Meghalaya High Court Pulls Up State, Directs Strict Action

The High Court was hearing a public interest litigation averring that there were more than sixty coke making units operating in the West Khasi Hills District, out of which only four had obtained consent to operate. Another letter by the Superintendent of Police, West Khasi Hills District suggested that there were at least sixteen coke making units operating around the area based on a limited inspection.

A division bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh said that:

"Despite this Court's efforts over the last several months to implement the orders passed by the Supreme Court and the National Green Tribunal to prohibit the illegal mining of coal and the illegal setting up of coke plants, the State government has done precious little. It is distressing that the State administration appears to be complicit in the illegal functioning of coke plants in the State as is evident from the writ petition and the letter."

The High Court added that:

"A coke plant is not really a cottage industry that it can be surreptitiously operated from a basement or attic. It takes effort not to notice a fully operational coke plant. It appears that the State government may have helped circumvent orders and actively connive with the operators of the illegal coke plants."

The Court ordered the Deputy Commissioner and the Police Superintendent of the area to show cause why action should not be taken against them for failing to take preventive steps. It also asked all the commissioners and SPs to file individual reports ensuring that there is no unauthorized coke making unit operating within their jurisdiction.

The Court also ordered for seizure of raw material and finished product and immediate appropriate action against the persons in control of the units found to have operated illegally.

Rapping the State for its inaction, the Court added:

"The State is put on notice that if the State is unable to implement this order or the subsisting orders of Courts and Tribunals which are binding on it, this Court will have to look at resources beyond the State to enforce such orders."

The matter is listed for February 1.

Case Title: Monu Kumar v. State of Meghalaya and Others

Citation: PIL No.14/2022

Coram: Chief Justice Sanjib Banerjee and Justice W. Diengdoh

Click Here To Read/Download the Order