Coal illegalities
SHILLONG, Dec 16: The High Court of Meghalaya on Monday said the state respondent cannot be slack or not follow up on the steps initiated in the matter relating to illegal coal mining in the state just because the court is going into recess and will reopen at the end of January 2025.
A Division Bench comprising Justice Hamarsan Singh Thangkhiew and Justice Wanlura Diengdoh observed this while hearing a coal-related PIL.
A status report according to the recommendations made in the 26th interim report submitted by Justice (retd) BP Katakey Committee was filed by the state respondent on Monday morning. It was placed by the Advocate General.
About the drone survey recommended in the interim report, it was seen that the state government engaged the Meghalaya Basin Development Authority with the approval of the Katakey Committee to conduct an aerial survey of coal, if any, lying outside the CIL-designated depots.
According to the report, the financial outlay and approval have been accorded by the Oversight Committee while Garuda UAV Soft Solutions has been engaged to conduct the survey. It said work orders are being issued to them for an area of 769.7 sq. km.
It was also seen that the financial approval is to the tune of Rs 7.26 crore, but the status report did not reflect the time when the survey should be completed apart from the initial survey stated to be completed by the end of January 2025.
The Advocate General submitted that the specific timeline required will be obtained from the agency and placed before the court on the next date.
Concerning the closure of the openings of abandoned coal mines, it was reported that the work has been assigned to the Central Mine Planning & Design Institute Limited (CMPDIL) and that two areas – one in Sutnga, East Jaintia Hills district and the other in Agreng Gittim, South Garo Hills district – have been identified as pilot projects.
The report said once the survey and analysis work is completed, based on the data computed from the surveys, it would be provided to the CMPDIL for finalisation of the detailed project report for recommendations regarding specific technical measures required for mine closure and allied activities.
“Here too, for the said process of the two pilot projects and for the estimated time that they may require, no information has been given. Since the same is a matter of concern, it is expected that the state respondent takes up the matter on a priority basis, especially in view of the winter season, where illegal mining activities might take place and the abandoned coal mines reactivated,” the court said.
On the complaints of illegal transportation and compliance with the SOP for transportation of coal originating from outside the state, the present status according to the report is that the complaint of one Krishan dated October 14 has been closed since the complainant never appeared before the committee to substantiate the allegations raised.
The report also said an administrative inquiry revealed that the Mining and Geology Department issued valid transport permissions for a specified quantity to the concerned person, i.e., George Marak and that directions have now been issued to mention the quantity in all communications to ensure no confusion is created as to the compliance with the SOP for the transport of coal coming from outside.
On another complaint of one Sanjay R Marak dated September 12, it is stated that the Deputy Commissioner, South Garo Hills district has been instructed to submit the final report relating to the allegations. The report is still awaited.
It was observed that the report did not show when the instructions were given to the Deputy Commissioner. It was also stated that the state government has also since issued the modified SOP on November 5 after incorporating suggestions made by the Katakey Committee and that the same has been issued to all the DCs for strict compliance.
In another complaint of one Regeenal Shylla dated October 31, it appears that the same is under inquiry with the final report still to be submitted. It is expected that the final report be submitted positively before the end of the year, it was found.
About the sale of seized coal, it has been stated that orders have been issued to all the DCs to immediately put up the seized coal within their districts for auction, for which permission from the court concerned has been obtained.
Directions for the shifting of seized coal to centralised depots, as per the report, were issued on December 9. The report further states that concerning the further auction of re-verified/re-assessed and re-inventoried coal, the State Government is still awaiting details of the coal available at present, which went unsold during the previous auctions conducted, as also information about the earnest money deposit, which has been forfeited due to non-payment of the balance auction bid amount.
It has been submitted that once the said information or details are received, they shall be intimated to the Metal Scrap Trade Corporation or Coal India Limited to conduct the necessary auction.
The report also touched upon the nature of schemes and their implementation for alternative sources of livelihood for the coal miners. The Oversight Committee has decided to grant approval in principle to certain projects, which are detailed in status report number five.
However, concerning the compliance of other recommendations, such as setting up the integrated check-gates in Borsora, Cherragaon, and Bagli, it appears that no headway has been made, although the report states that another joint inspection has been conducted to identify the designated route to set up six smart check-gates.
The court expected the state respondent to fast-track the process, notwithstanding the hurdles as stated in the report concerning the land acquisition or lease of land for setting up of the said integrated check-gates
“An overview of the said report therefore, shows that certain progress has been made especially with regard to the drone survey and steps that have been taken for the closure of the opening abandoned mines, and to the manner in which the seized coal and auction process of the same is to be carried out,” the court said.
The court also pointed out that though it is going into recess and will reopen only at the end of January 2025, this should not be taken to be a time that the state respondent can be slack or not follow up on the steps that have already been initiated.
“They are to ensure that compliances with the recommendations be achieved at the earliest and also the same be apprised to the Justice Katakey Committee, before the reopening of the court,” the court added.