Our Bureau
NEW DELHI: In a relief to coal business in Meghalaya, the Supreme Court on Friday allowed transportation of 750,50 metric tons of extracted coal for 15 days from May 17.
75,050 metric tons of coal is part of the original, 1,76,655 metric tons as assessed and declared by Meghalaya government.
A Supreme Court bench comprising Justice Ashok Bhushan and Justice K.M Joseph passed the order in the interlocutory applications filed by various applicants in the coal mining case.
The court referred to the report of the Justice (retd) B P Katakey Committee appointed by NGT about the quantity of assessed coal.
The report said challans for transportation of coal were issued for 1,76,655 metric tons and out of this, over 94,000 metric tons of coal were transported and the remaining is 75,050 metric tons.
The court said Meghalaya government has to take necessary precaution that under the guise of the order, nobody should transport coal illegally as there is a danger of illegal mining activities.
According to the court, Meghalaya has to find out a mechanism to ensure that only those who have transport challans, should be permitted to transport the coal out of the quantity of 75,050 metric tons as noted by the Kateky committee.
“We further make it clear that while permitting transportation, the state authority should maintain the details of such transportation in different registers noticing information on the quantity of coal, details of payment, the person who is transporting the coal, the person who is the owner of the coal and details about
date of verification certificate .
“The actual transportation of coal after due verification along with a verification certificate by an officer not below the rank of Deputy Commissioner will be permitted from May 17 till May 31”, the court said.
The court asserted that after May 31, no transportation of extracted will be allowed.
All other interlocutory applications have been left pending and orders will be passed after the vacation of the court in July.
The bench has been hearing the matter on a daily basis since the beginning of this month. The judgment in the main matter has been reserved and will be pronounced in July.
The state was represented by Advocate Ranjan Mukherjee.
All along Meghalaya government had maintained that it is in favour of regulating coal mining activities in the state. The state government said this in the apex court during a hearing on a petition filed by one Lber Laloo who wanted the ban on coal mining, imposed by the tribunal since April 2014 to be lifted.
The issues include appeals filed by the state against the NGT order imposing complete ban on coal mining, appointment of Justice (retd) B P Katakey Committee by the tribunal, and the NGT order asking the government to deposit Rs 100 crore with the Central Pollution Control Board. The state is depending on the historical legal background of the land tenure system in Meghalaya. The state had argued in the apex court that the Mines and Minerals Development and Regulations Act apply to lease holders only.