SHILLONG, Dec 16: First it was the case of illegal coal mining and transportation and now it is about illegal coke plants. The Meghalaya government was once again severely censured by the High Court of Meghalaya for conniving with illegal operators and allowing coke plants to thrive in the state without any permission.
Coming down heavily on the state for its inability to shut illegal coke plants in the state, the court on Friday ordered immediate closure of all illegal coke plants.
“It is a matter of crying shame that the position continues, both pertaining to illegal coal mining and the functioning of unauthorised coke oven plants,” the court said, while making it abundantly clear that if the state is unable to implement this order or the subsisting orders, the court will have to look at “resources beyond the state to enforce such orders”. Observing that only four coke plants, out of 60, had necessary papers and permission to operate in Shallang area of West Khasi Hills District the court said: “All other coke plants, whatever may be the size and whoever may be directly or indirectly controlling the same, must be shut down as of today. The Chief Secretary will file a compliance report with the Registrar-General by December 19, 2022, confirming such position.”
“It is distressing that the state administration appears to be complicit in the illegal functioning of coke plants as is evident from the writ petition and a letter addressed by the Superintendent of Police, West Khasi Hills District to the Deputy Commissioner dated December 15, 2022, a copy whereof has been produced in court by the state,” the order said.
The court recalled that despite its efforts over the last several months to implement the orders passed by the Supreme Court and the National Green Tribunal to prohibit the illegal mining of coal and the illegal setting up of coke plants, the state government has done precious little.
“Indeed, it now appears that the “state government may have helped circumvent orders and actively connive with the operators of the illegal coke plants,” the Division Bench of Chief Justice Sanjib Banerjee and Justice W Diengdoh said.
Stating that a coke plant is not really a cottage industry that it can be surreptitiously operated from a basement or attic, the court stated that it takes effort not to notice a fully operational coke plant.
“According to the writ petitioner in this public interest matter, there are more than 60 coke making units in the West Khasi Hills District against the admitted position that only four units have been granted consent to operate. These are the only four that had previously obtained consent to establish the units,” it said.
As per the Court, the letter dated December 15, 2022 placed on behalf of the state revealed that a spot inspection was conducted by the Committee on Environment of the Meghalaya Legislative Assembly on August 18, 2020 on all the coke making units in and around Shallang, which is in the West Khasi Hills District.
This limited inspection revealed 16 coke making units operating without any permission from the appropriate authorities.
According to a document issued by the Meghalaya State Pollution Control Board and relied upon in the writ petition, which is corroborated by the letter of December 15, 2022, only four units – Carbochem India, Shemphang Riangshiang, Rilangam Coke Industries and MD Coke Industries – have consent to operate coke plants in the district.
The court also directed the West Khasi Hills Deputy Commissioner and the Superintendent of Police to show cause why appropriate action should not be taken against such persons for failing to take steps against all coke making units operating in their jurisdiction without due authority.
According to Court, all DCs and SPs in other districts should ensure that there is no coke making unit operating within their jurisdiction otherwise than upon obtaining due consent to operate and all DCs and SPs have been asked to confirm such position by filing individual reports addressed to the Chief Secretary within a week.
“As for those units which have been found to have operated illegally, all raw material and finished products have been directed to be seized and immediate appropriate action initiated against the persons in control of the units in accordance with law,” the court said.
In the suo-motu proceedings initiated by the court pertaining to the continued illegal mining of coal in the State despite the orders of the Supreme Court and the NGT, the latest order of December 8, 2022 observed that the Meghalaya State Pollution Control Board should maintain a strict vigil to ensure that environmental norms were not violated and, if violated, appropriate action be taken.
“The functioning of any coke oven plant without due permission would amount to flagrant violation of the environmental norms and the State Pollution Control Board should get cracking against such units which are found to have functioned without due authority of law,” the Court said.
“It may not be a coincidence that the elections are round the corner. The matter will appear immediately after the vacation and earlier still, if mentioned on behalf of the petitioner upon the failure of the State to strictly comply with the directions contained herein,” the Court added.
