By Our Reporter
SHILLONG, March 17: The High Court of Meghalaya, after going through the status report on steps taken by the state government to check illegal mining and transportation of coal, has not found any quantitative improvement of the situation on the ground.
The court noted that the status report submitted on behalf of the respondent state was to address the recommendations made in the 27th interim report by the Justice (retired) BP Katakey Committee. The recommendations were to initiate an immediate process to expedite the auction of the entire assessed coal, not to grant further extension of time to successful bidders to deposit the balance bid value or to lift the purchased coal from the Coal India depot, and the realisation of the unpaid demurrage charges.
A key recommendation was that the bid auction winners not granted an extension of time to deposit the balance bid amount and/or to lift the coal from the CIL-designated depots were to be made to forfeit their earnest money deposit and part bid value.
The committee also recommended proper drone surveillance and a dedicated special police team to effectively check illegal mining and coordinate with drone surveillance.
Other recommendations flagged in the earlier reports and reiterated in the latest report were: action for closure of the existing coal mine openings, setting up of integrated smart check gates, and serious efforts to provide alternate livelihood to the people affected by mining activities.
A division bench comprising Justice HS Thangkhiew and Justice W Diengdoh, after going through the submissions of the Advocate General and the status report, noted that the latter did not have details on the forfeiture of the security deposit and the part bid amount.
The court also noted that the status report did not provide information about the realisation of demurrage charges apart from indicating that notices have been issued.
The Advocate General, however, said forfeiture of part bid amount would go against the bid conditions and would invite legal implications against the state, and to operate such a condition, the action plan and bid conditions would have to be revised.
Concerning the recommendation of the committee for drone surveillance, it was noted that some action was undertaken and drone control rooms are functional in coal-bearing areas of the state.
Further, dedicated teams headed by a Deputy Superintendent of Police or equivalent were in place to continuously monitor the drone surveillance system and submission of periodic reports.
“However, a point that needs some attention is concerning the use and interpretation of UAV survey maps, where there is yet to be any clarity, though it indicated in the status report, that a letter from the Meghalaya State GIS and UAV Centre has been placed before the Committee under a letter dated 27.02.2025,” the court observed.
“With regard to the aerial survey by M/s Garuda UAV Soft Solutions Pvt. Ltd., it is indicated that a final report is still awaited, and it is expected to be submitted by 20.03.2025,” it said.
On the shifting of seized coal to centralised coal depots, a brief summary of the steps taken in East Jaintia Hills and South Garo Hills was provided to the court. The status report said that in areas without a centralised coal depot, transportation of the seized coal to far-off depots would not be feasible.
On this aspect, the court said it expected the state respondents to expedite the process of disposal of seized coal under the MMDR Act by obtaining necessary court orders, which would limit the volume of seized coal lying outside the centralised coal depots.
The court noted that the closure of abandoned coal mine shafts, setting up of integrated check gates, and providing alternate employment have not progressed. It, however, observed that the Central Mine Planning Design Institute Limited has been approached for technical support to conduct survey analysis and the Meghalaya Industrial Development Corporation has been designated as the Project Implementation Unit for mine reclamation although the detailed project report is awaited.
The court further said the integrated smart check gates seemed to be non-starters.
“On the comprehensive plan for re-auction of re-assessed/re-verified coal, it is expressed that the state respondents are bound by the terms and conditions of the concluded auctions and therefore, any change in the terms and conditions after the auction to the prejudice of successful bidders would entail other consequences and legal actions,” the court said.
It was submitted that any change in the auction process or plan would have to be approved by the NGT (Oversight Committee).
The court said it expects that the state respondents, in conjunction with the CIL, should approach the Katakey Committee for amendment of the clauses, or to initiate changes as proposed in the report to eliminate the problem of non-payment/non-lifting of coal.
“A clause may be inserted in future auction notices, mandating therein that if full payment is not made in 120 days, or if the entire coal is not lifted within 120 days of full payment, the bid would be cancelled with forfeiture of EMD, and the coal to be put for re-auction,” the court said.
It was also noted that the state respondents should make the SOP for the transport of coal outside the region more meaningful.
“With regard to the coal source audit, it is reported that the same is under process, and the coke industries and ferroalloy companies have been allowed additional time to supply the required materials, such as challans and also to cross-check their compliances and office records. Similarly, with regard to the cement companies, the state respondents are yet to ascertain as to the source of fuel used in the said Industries,” the court said.
“It is expected that notwithstanding the matters pending before the NGT, the information should be received before the next date and submitted to the committee. An overall view of the status report on the steps taken by the state respondents, apart from the setting up of the drone surveillance and dedicated team, which is yet to yield any tangible result, the situation on the ground has not seen any quantitative improvement,” the court said.
The bench further said that unless all the re-assessed/re-inventoried coal is disposed of, the check on illegal mining will remain an uphill task. It expected the entire process to be expedited and recommendations carried out faithfully so as not to warrant adverse orders.
Rs. 3.5 lakh, including amounts for other secretarial expenses, etc., was asked to be paid to Justice Katakey.