HC asks coke plants to submit applications against Justice Kakatey’s recommendations

SHILLONG, July 12: The High Court of Meghalaya has asked the coke unit operators in the state to file the relevant application including all grounds for variation of a May 24 order and possible challenges to the preliminary recommendations of Justice (retd) BP Katakey.
The HC said a Supreme Court order passed on June 27 on a special leave petition filed by the coke unit operators was brought to its notice. The order said the grievance of the petitioners before the apex court was against the May 24 order by which the high court had accepted the findings in the preliminary report on May 23 filed by Justice Katakey.
The HC had on April 19 requested Justice Katakey to ascertain the extent to which the directions of the Supreme Court and the National Green Tribunal in respect of establishing and running of coke plants under the Mines and Minerals (Development and Regulation) Act, 1957, had been complied with by the state.
The petitioners before the Supreme Court contended that the May 24 order had been passed by the HC without hearing them, thus adversely affecting them. The petitioners also asserted that no environmental impact assessment report was necessary to establish a coke plant.
By the aforesaid order of the Supreme Court, leave was granted to the petitioners for applying to be impleaded in the present proceedings. According to the high court order, the direction “apparently issued” by it for dismantling the coke plants has been stayed and made non-operational by the apex court.
The petitioners’ counsel sought time to apply to be impleaded.
“The application for impleadment will only be a formality. However, the point of view of the petitioners before the Supreme Court needs to be looked into and, as such, are permitted a week to file the relevant application including all grounds for variation of the order dated May 24 and possible challenges to the preliminary recommendations of Justice Katakey as contained in the report of May 23,” the court said.
Coal India Limited, represented in the case, sought copies of affidavits filed by the state and the reports prepared, particularly pertaining to how the accumulated coal may be dealt with.
“All relevant reports, affidavits and papers in such regard should be forwarded to Advocate-on-Record for Coal India Limited as expeditiously as possible,” the court said.