HC rebukes govt for doing ‘precious little’ to prevent coal illegalities

SHILLONG, March 7: The full bench of the High Court of Meghalaya on Monday reprimanded the state government for doing precious little to end illegal mining and transportation of coal despite orders from the Supreme Court and the National Green Tribunal (NGT). The Court maintained that the Chief Secretary is responsible for implementing such directions and remains obliged to ensure that all illegal mining activities are stopped without further delay.
The full bench of the Court, comprising Chief Justice Sanjib Banerjee, Justice W Diengdoh and Justice HS Thangkhiew, on Monday took up the matter pertaining to illegal coal mining that had been referred to the full complement of Judges in view of the gravity of the situation and the widespread nature of illegal coal mining in the state in violation of orders of the NGT and the Supreme Court.
The court had taken suo motu cognizance of a report in The Shillong Times on illegal rat-hole coal mining in Nengchigen village in West Khasi Hills.
“The directions issued by the Supreme Court have to be complied with. The orders passed by the NGT need to be followed and the recommendations made by the committee set up by the NGT, several of which have been expressly approved by the Supreme Court, have to be implemented. These directions and recommendations have been set out point by point and the Chief Secretary will deal specifically with each of the directions and recommendations and file a report on the action taken when the matter is set for another hearing four weeks hence,” the court said in its order.
The Court said that the state has done precious little to ensure the transportation of the coal that had been previously mined and the auction thereof through Coal India Limited as per the directions of the Supreme Court and the NGT. This has resulted in the present unacceptable scenario.
“It is more than likely that a committee may be set up to monitor the implementation of the directions and recommendations, which committee must have the freedom and authority to function without any political interference,” the Court said.
The court noted that the Chief Secretary and the Director-General of Police had submitted reports indicating some actions having been taken but made it clear that the directions issued by the Supreme Court have not been adhered to.
“It is necessary to monitor the activities and it is surprising that the state has not resorted to drone photography to monitor the activities in the less accessible areas. It is alarming that District Magistrates, Sub-Divisional Officers and even Block Level Officers are in place along with their counterparts from the police right up to the Superintendent of Police; but all of them turn a Nelson’s eye to such illegal activities,” the order said.
The Court recalled that the Chief Secretary had accompanied all three judges to visit Khliehriat and its nearby areas last week and it was evident even while travelling along the highways that fresh coal had been deposited in mounds on both sides of the road spanning tens of kilometers.
The coal looked to be obviously freshly mined as it was shiny black, the Court observed.
“On the road from Khliehriat to Amlarem, about a kilometre or two from the Silchar-Shillong National Highway, there is a vantage point from where one can see the valley below. The lower ground is riddled with rigs and tell-tale signs of mining activities and recently constructed hutments. Even along the stretch, for tens of miles, freshly mined coal is dumped on both sides of the road in plain view,” the Court said. The Court observed that the initial report published in The Shillong Times on February 23, 2022, pursuant to which suo motu notice was taken and the present public interest litigation initiated, spoke of rat-hole mining in the interior areas which may not be close to any road and which may be in areas not densely inhabited or even easily accessible.
“Going by the illegal activities only around the Khliehriat region, it appears that the practice is rampant and may be even more intense in areas which are not easily accessible,” the order said.
The Court pointed out that it can safely be said that the scene in and around Khliehriat speaks of the vast stretches there being beyond the purview of the administration and it is impossible that the illegal mining activities and the deposit of freshly mined coal would be conducted with such impunity without the possible connivance of the local administration or even worse.
The next hearing is scheduled for April 4.