HC wants CBI to probe illegal mining, transportation of coal in Meghalaya

SHILLONG, July 4: The High Court of Meghalaya on Tuesday ordered a probe by the Central Bureau of Investigation into the illegal mining and transportation of coal in Meghalaya.
“Since repeated orders over the last 15 months have yielded little result and the illegal trade in coal has its tentacles in other neighbouring or nearby states, particularly Assam, it may be in public interest to require the CBI to inquire into the matter including the allegations, video footage, photographs and other material produced by the several petitioners in this and the connected matters or by other public spirited individuals,” the division bench of Chief Justice Sanjib Banerjee and Justice Wanlura Diengdoh said.
The court also directed the state government to show cause, through a high official, as to why the court should still have any confidence in the police or the administrative machinery to tackle the illegal mining and transportation of coal.
Hearing a PIL on the coal nexus, the court said, “On the last occasion that this matter was taken up on June 26, 2023, the petitioner (Champer M. Sangma) claimed to have video footage of the illegal coalmining activities and the transportation of the illegally-mined coal across the state.”
“The video footage, in the first of its two parts, reveals the rampant illegal coal-mining activities and the transportation of such illegally-mined coal in several districts including the districts of West Khasi Hills, South West Khasi Hills, East Jaintia Hills and South Garo Hills. The second part contains the satellite images from several areas, showing widespread dumps of fresh coal.”
“Prima facie, the video footage reveals freshly-mined coal; though, quite alarmingly, the Deputy Commissioner of South Garo Hills claims, upon viewing the video footage, that this was the coal that had been previously seized. The DC claims to have been in office for the last six months,” the court said.
The court stated that though the entire saga of the continuing illegal mining of coal and the transportation thereof would be evident from the several orders passed in the suo-motu proceedings instituted by this court and the other related matters by the Full Bench and a Division Bench, it may be recounted that prohibition on illegal mining of coal has been in place pursuant to orders passed by the National Green Tribunal in the year 2016 and, subsequently, confirmed by orders of the Supreme Court. “Despite such being the position, it was widely reported in the local press in the state and was plainly visible to anyone who choose to look as he travelled down the State highways that freshly mined coal was dumped all over the place,” the court said.
“The previously seized coal, which would have been coal that was mined prior to 2016 or 2017, would have plants, weeds and grass growing around them in the dumps. Pursuant to orders of this Court and the appointment of Justice (retired) BP Katakey, a schedule has been prepared for disposing of the previously seized coal after weighing all of such previously seized amount,” the court observed.
The court noted the petitioner’s allegation that coke oven plants have been flourishing in the state without any license or permission and even the few who have obtained permission or license use the illegally-mined coal for their operations.
“Though high officials in the State have affirmed affidavits to indicate that the illegal coke oven plants have been closed down, the ground reality appears to be otherwise,” the court said.
According to the court, there are credible reports carried in local newspapers that there are fixed rates at various levels for those in authority to look the other way as this menace ravishes the state and deprives it of the rightful revenue that could have been generated upon scientific mining being permitted after issuing due license therefor.
Taking note of the petitioner’s claim that he had been threatened by one of the kingpins with dire consequences, the court said if any harm, even the slightest scratch or sprain, comes to any of the petitioners in this and the other matters pertaining to illegal coal-mining and illegal coke oven operations, the state will be held fully responsible.