By Our Reporter
SHILLONG, Dec 2: The Division Bench of Justice Hamarsan Singh Thangkhiew and Justice Wanlura Diengdoh on Monday heard a PIL concerning the suo motu cognisance of illegal coal mining in the state.
A status report on behalf of the state respondents was filed pursuant to the 24th and 25th interim reports submitted by the Justice (retd) BP Katakey Committee to the High Court of Meghalaya.
Referring to the report, Advocate General Amit Kumar and others submitted that apart from demurrage, the suggestions and recommendations made in the interim reports have not been carried out but directives such as satellite imagery and the closure of mines to stop the alleged illegal coal mining in the South West Khasi Hills district are in the process of being followed.
He submitted that the levy of demurrage charges has been put into action but a huge volume of coal is yet to be lifted by the auction purchasers due to the political climate in Bangladesh.
As a status update, it was shown that the transportation of the entire inventoried coal from the pitheads to the coal depot has been completed.
He, however, prayed that due to the delay in implementing the other recommendations, the state respondents be given some time to complete the same. The submissions were noted.
The Katakey Committee also filed the 26th interim report, wherein the summary recommendations touched upon the areas the state respondents are yet to comply with.
A copy of the interim report was made available to the Advocate General, who was asked to file an interim status report on December 16 to allow the court to pass further orders as necessary before the closure for winter.
In another development, the High Court dismissed a writ petition filed against an Office Memorandum which prescribed that an application for prospecting license for coal shall be for an area not less than 100 hectares.
The contentions of the petitioner was that the said clause in the Office Memorandum dated March 5, 2021, is not in consonance with the Mines and Minerals (Development and Regulation) Act 1957, the Mineral Concession Rules 1960, and also not in conformity with the Meghalaya Mines and Mineral Policy 2012, the Meghalaya Minor Minerals Concession Rules, 2016, and the Meghalaya Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2022.
The single bench of Justice Hamarsan Singh Thangkhiew viewed that the SOP which was notified vide the impugned Office Memorandum neither suffers from any lack of jurisdiction nor is incompetent in any manner, as the same has been made in furtherance and in compliance of the judgment of the Supreme Court (in State of Meghalaya versus All Dimasa Students’ Union), the stipulations of the MMDR Act, and Mineral Concession Rules, and as per the directions of the Ministry of Coal.
“The other submissions of the petitioner with regard to the provisions of the Meghalaya Mines and Minerals Policy 2012, or the Meghalaya Minor Rules 2016, and also the Meghalaya Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules 2022, are disregarded as they have no application or relevance to the issue at hand,” the court said, while dismissing the writ petition.