“There are documents on record which, prima facie, reveal the nexus between a section of the government officials and those running the illegal coal industry and the transportation of the illegally-mined coal…In the matter pertaining to the illegal transportation of coal, notwithstanding the state pretending to move against the kingpins in the illegal coal industry, the government officials who have been actually hand in glove with the masterminds have not been proceeded against”
SHILLONG, Aug 10: The High Court of Meghalaya on Thursday said although the Supreme Court stayed the orders of demolition of illegal coke plants, the Deputy Commissioner of West Khasi Hills District has been given the liberty to seal the premises of the plants.
“Though the recent order of the Supreme Court dated August 7, 2023 staying the demolition of illegal coke plants in terms of the order passed by the Deputy Commissioner, West Khasi Hills District, is in place, it must also be noticed that the relevant Deputy Commissioner has been given the liberty to seal the coke plants’ premises to ensure that such plants remain non-operational,” a three-judge bench of Chief Justice Sanjib Banerjee and Justices HS Thangkhiew and Wanlura Diengdoh said in an order.
The court heard a batch of petitions on matters pertaining to illegal mining of coal and transportation of illegally-mined coal, operation of illegal coke plants etc.
The court said no entity can willy-nilly establish a plant of its own design upon merely making an application for consent to establish.
“Indeed, the provisions of the relevant statute were interpreted to imply that an entity first needed a consent to establish a plant and, upon establishing the plant pursuant to the consent and the conditions set therefor, it had to further obtain a consent to operate, whereupon certain other conditions could be imposed and the entity had to comply with such additional conditions,” the court said.
“The scheme of the Act was read by this Court to imply that without the conditions being indicated by the appropriate authority in the consent to establish, an entity could not willy-nilly establish a plant of its own design upon merely making an application for consent to establish. However, such question is pending consideration before the Supreme Court in the appropriate matter,” the court said.
Earlier, the DC of East Jaintia Hills issued an order for the demolition of illegal coke plants, which are operating without any consent to establish or consent to operate in terms of relevant statute, prompting one of the illegal coke plants to file an application in the court.
The court on Thursday said it refused to interfere with the DC’s order on the ground that the use of illegally-mined coal in the state was rampant and unless punitive measures were taken, such illegal activity, in direct contravention of the orders of Supreme Court, would continue unabated.
In the matter pertaining to the illegal transportation of coal, the petitioner said notwithstanding the state pretending to move against the kingpins in the illegal coal industry, the government officials who have been actually hand in glove with the masterminds have not been proceeded against.
There are documents on record which, prima facie, reveal the nexus between a section of the state government officials and those running the illegal coal industry and the transportation of the illegally-mined coal, the court said.
There was a suggestion from the petitioner in one of these matters that apart from the flourishing illegal coke plants, several other industries are operating using the illegally-mined coal, to the knowledge of the state, but no action has been taken against them.
“If such is the case, it is hoped that the state is mindful of the same and takes appropriate action in such regard,” the court said.
On the issue of disposal of the previously mined coal, the Advocate-General assured the court that the schedule, furnished to the court, is being adhered to.
The state also submitted that several of the illegal coke plants in West Jaintia Hills were demolished before the Supreme Court’s order was passed on August 7, 2023. The government said 39 illegal coke plants were demolished in West Khasi Hills and five in East Jaintia Hills.
Meanwhile, Justice (retired) Brojendra Prasad Katakey, appointed by the court to oversee the disposal of the previously illegally-mined coal and monitor the steps taken by the state government to ensure compliance with the orders passed by the National Green Tribunal and the Supreme Court prohibiting unscientific mining of coal, filed his 16th interim report.
The court said there are several observations, some of them critical of the state and the action taken or the lack of it. It directed that the state government, in particular, will respond to such observations by way of an affidavit to be filed by the Secretary in the Department of Mining.
“…By an order dated July 10, 2023, the Supreme Court had stayed the operation of the orders impugned in the relevant petitions passed by this Court on March 13, 2023; March 20, 2023 and April 12, 2023. The order was passed on the Union’s plea regarding a proposal by this Court to deploy one of the Central Armed Police Forces for the purpose of ensuring compliance with previous orders of the Supreme Court prohibiting the mining of coal in the State otherwise than in accordance with law…
“It was perceived at that time by this Court that it was necessary to deploy the Central Reserve Police Force to check the illegal transportation of the illegally-mined coal since the State government, despite orders having been passed for over a year by this Court, had not taken any meaningful steps in such regard,” the court said in the order.
However, the court said, no order was passed for the deployment of CRPF and only inquiries were made for the CRPF to come and inform the court as to the feasibility of deploying its personnel.
No order was passed for deployment, nor was any direction in such regard issued, the court said.
“Some of the petitioners suggested that the illegal transportation has not been checked at all and in an unconnected matter pertaining to overladen goods vehicles plying on the state and national highways in Meghalaya, it has been discovered that there are far too few weighbridges and almost no weigh-pads to effectively monitor the loads carried by goods vehicles,” the court said.
“It is hoped that in terms of the directions issued in the relevant matter, the 23 weighbridges are functional in the state and weigh-pads have been installed in other places to conduct surprise checks,” it said.