Wednesday, October 16, 2024
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SC allows transportation of coal in state till January 31

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NEW DELHI: In a partial relief to the coal industry in Meghalaya, the Supreme Court on Tuesday allowed the plea of the State Coordination Committee of Coal Owners and Mine Dealers’ Forum for transportation of the already extracted coal till January end and the next date of hearing will be on January 15.
As on May 31 this year, the extracted coal yet to be transported is 1,76,655 metric tonnes. The state government senior counsels – Advocated General Amit Kumar and Ranjan Mukherjee – supported the plea of the forum to allow transportation of the remaining extracted coal.
The senior advocates argued that issues related to mining policy, guidelines, alternate livelihood and transportation of already extracted coal may be taken up during the hearing. This was accepted by the court.
Earlier too, the court had extended the deadline for transportation several times.
Colin Gonsalves, Senior Advocate (amicus curiae) circulated a 628-page report on ‘Curse of Unregulated Coal Mining in Meghalaya, a citizen report from Meghalaya’.
In the report, various charges were made with regard to illegal mining in Meghalaya which will be studied before next hearing.
The counsel for the various parties supported by the state sought permission to transport already extracted coal.
The prayer was made for early hearing of the case and it was also pointed out that what was banned by NGT is rat-hole mining and this court should clarify that other forms of mining are permitted.
It was also pointed out that the draft guidelines submitted by the Government of Meghalaya to the Centre has been examined by CMPDI. Government of Meghalaya has also accepted most recommendations of CMPDI and there is no difficulty in grant of exemption to the State.
In relation to permitting mining, Justice AK Sikri orally observed that both the Centre and the state can do whatever is necessary for starting coal mining in Meghalaya. The matter will be finally heard on January 15.
It was pointed out to the court that amicus has circulated the report at the last minute which requires some time to study.
It was further pointed out that Government of Meghalaya has taken all the steps for compliance with statutory provisions.
On that Gonsalves submitted that he has merely circulated report received by him from some citizens of Meghalaya. Since some report has come from amicus, it would be advisable for the government to examine the contents of the reports and offer comments/views on the report so that on the next date of hearing, if something adverse is pointed out, the same should be suitably replied, the court observed.
The Meghalaya Government will also file an additional affidavit to the court giving details of steps taken be State in compliance with requirements of MMDR Act, 1957.

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