SHILLONG: The Division Bench of the High Court of Meghalaya has ruled out transportation of limestone from Meghalaya, giving a body blow to various petitioners who were keen to export the mineral.
Though earlier the single bench of the High Court of Meghalaya headed by Judge S.R Sen had asked the State Government to allow extracted limestone to be transported to Bangladesh, Friday’s order of the division bench comprising Chief Justice Dinesh Maheshwari and Justice VP Vaish is a setback for exporters.
After hearing the appeal of the Foreign Trade Chamber of Commerce, Meghalaya and War Jaintia, Limestone, Boulders, Stones Exporters and Miners Association, among others, the Division Bench said rules should be followed before transportation of limestone.
These two bodies made an appeal before the Division Bench following the order of the single bench on July 3 to direct the government to issue them transport challans for removing extracted limestone as it had not been granted by the government.
The appellants said their core grievance is against the State Government for the delay in assessment and issuance of transport challans with regard to the limestone already extracted prior to the order of the High Court dated June 30, 2015, which had completely prohibited the transportation of the mineral citing environmental reasons.
The exporters, however, wanted transportation of limestone extracted prior to the court’s decision in 2015 without subjecting the miners concerned to go through the rigorous process of applying for permits and transport challans as per the Rules of 2016.
However, the division bench said the attempt to avoid the Rules of 2016, on the specious plea that procedure of obtaining license or permit would take a long time and the alleged extracted mineral would be damaged, cannot be accepted.
“In the given set of facts and circumstances, the submissions that the appellants and their members are ready to submit undertakings, that they will not carry out any further exploitation of mineral without compliance of the Rules of 2016 and will pay all the requisite taxes and fees, remain hollow and baseless; and we see no reason to issue any writ, order or direction on the basis of such submissions so as to allow the appellants or their members to avoid the requirements of the Rules of 2016,” the court said.
According to the division bench, the suggestions as made in the appeals remain totally baseless where the appellants’ intent is only to get an order against the respondent (the government) that transportation of the excavated mineral be allowed without adherence to the requirements of the Rules of 2016.
“We are clearly of the view that the relief as sought for is not based on any existing legal right with the appellants or their members and deserves to be declined,” the order said.
The division bench also said it is even inclined to modify the order of the Single Judge in the manner that the writ petitions filed by the appellants be dismissed altogether.
