High Court refers case to full bench

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SHILLONG, March 2: The Meghalaya High Court on Wednesday observed that the orders of the National Green Tribunal (NGT) as approved by the Supreme Court have not been carried out in the state and placed the case before the full bench to be heard on March 7.
The division bench of the court, consisting of Chief Justice Sanjib Banerjee and Justice W Diengdoh, made this observation while hearing the suo motu case on illegal mining of coal in Meghalaya based on an investigative report by The Shillong Times.
“In view of the gravity of the matter, let this matter be placed before the full bench with the full complement of the Judges of this Court,” the order issued on Wednesday said.
It said the matter is of importance and great seriousness since orders of the National Green Tribunal as approved by the Supreme Court appear not to have been carried out.
“In view of Article 144 of the Constitution of India and the obligation of all to aid in the implementation of the orders of the Supreme Court and the apparent failure of the State in such regard as would be apparent from the newspaper reports on the basis of which cognizance was taken, an inquiry is called for,” it stated.
The bench observed, “It is also evident that certain time-bound recommendations were made by a committee constituted by the NGT and there is copious reference to such recommendations in the Supreme Court order of July 3, 2019.”
“Several other recommendations have subsequently been directed to be implemented by the NGT, but it does not appear that any action has been taken in such regard,” it stated.
It further stated that the aspect that engages the attention of this Court is the illegal mining that appears to have resurfaced and is rampant in large areas of the State, without any permission or license or sanction being obtained therefore notwithstanding the law as declared in the Supreme Court judgment of July 3, 2019.
“Let the matter appear before the Full Bench on March 7, 2022,” it added.
It may be recalled that the high court had taken suo motu cognizance of a report in The Shillong Times published on February 23 exposing the rampant rat-hole mining of coal in Nengchigen village in West Khasi Hills and the lack of action from the authorities on an FIR filed the Nokma of the village alleging a nexus between coal mine owners, armed militants and police personnel. The court had directed the Chief Secretary and the Director-General of Police to file reports on the coal illegalities.

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