SHILLONG, July 20: The High Court of Meghalaya on Wednesday said appropriate steps have to be taken against any coke plant operating with a licence before it is shut down.
The court on Wednesday heard a suo motu PIL on the illegal coal mining in the state.
According to the court’s order, 26 applicants had jointly sought to be impleaded and heard.
The order stated that such an application has been made pursuant to its order of July 12, which was based on a Supreme Court order on June 27.
The July 12 order allowed the party that had approached the Supreme Court to formally apply regarding the current proceedings, although the high court clarified that the impleading would only be a formality.
Such a party was permitted to indicate its point of view, which presumably may have been done by way of the application filed. All 26 applicants will be heard.
They are represented by a common counsel.
In its June 27 order, the Supreme Court stayed a direction apparently issued by the high court for dismantling all the coke plants in the state.
The high court said it was obvious that the petitioners before the apex court were owners or operators of the coke plants aggrieved by the perceived direction. “However, as pointed out by the advocate-general, there was no specific direction issued by this court for shutting down or dismantling coke plants in general or any coke plant in particular,” its order said.
The court clarified that its previous orders, including one on May 24, required the implementation of the recommendations contained in the preliminary report of retired judge BP Katakey.
The brief for Justice Katakey was to ensure that the outstanding directions issued by the Supreme Court and the National Green Tribunal (NGT) in the matter of coal mining and related matters were adhered to.
“It is made clear that if any coke plant is operating with an appropriate license, appropriate steps have to be taken against such a plant in accordance with the law before the same is shut down. The recommendation made by Justice Katakey in the preliminary report for shutting down coke plants would apply to coke plants operating without any license or permission and functioning…,” the court order said.
The court said the recommendations of Justice Katakey for the implementation of the earlier orders of the Supreme Court and the NGT should be followed, particularly in the matter of disposing of the coal lying since 2014.
Coal India Limited (CIL) was requested on the previous occasion to extend all assistance in such a case.
The order also said the CIL and the applicants in MC (PIL) number 4 of 2022 should appear before Justice Katakey before further recommendations are made by him.
The state’s views may also be placed before Justice Katakey in the course of a meeting to be convened within the next 10 days before further recommendations are made by Justice Katakey, including the modalities for the transportation and sale of the coal.
