SHILLONG, April 4: The full bench of the High Court of Meghalaya has advised the government to set up a committee similar to the one formed by the National Green Tribunal (NGT) earlier to deal with the illegal mining of coal in the state.
A report dated April 1, 2022, was filed by the chief secretary during the hearing on Monday.
Noting the non-indication of details, the court said annexures A-11 and A-12 to the report indicate the extent of implementation of the “divers directions” issued by the Supreme Court and the NGT.
Advocate-General A Kumar said the details were too voluminous to be conveniently included in an affidavit. The particulars of more than 3,500 trucks seized following the NGT’s order on January 5, 2019, were cited as an example.
The court of Chief Justice Sanjib Banerjee, Justice HS Thangkhiew and Justice W Diengdoh said it was not clear from the report if all the directions by the apex court and NGT had been complied with although some action appears to have been taken.
“At any rate, it is obvious that the time-frame within which the previous illegally mined coal had been required to be disposed of under the aegis of Coal India Limited, has not been adhered to. It is this which has primarily fuelled the illegal mining with the subsequently illegal mined coal being attempted to be passed off as the previously mined coal. This could not have happened without the active connivance of the local administration,” the court’s order said.
The order also stated that the chief secretary’s report is singularly lacking in indicating what measures may have been taken against the local officials, who not only looked the other way while the illegal mining thrived but may have actively aided therein.
The court underlined the need for accountability and for sending a message “loud and clear” that action would be taken against the watchdogs if there is any remiss.
The court said the objective of the present exercise is not to inquire afresh into the matters that have been covered by orders passed by the Supreme Court and the NGT but to ensure their directions are followed and implemented.
“It may also do well for a committee to be set up, on the lines as formed by the NGT earlier, as some of the members of the previous committee already have the experience of dealing with the matter and may be able to ensure better compliance with the directions or more easily detect the failures on the part of the administration in such regard. For such purpose, let the matter appear a fortnight hence,” the order said. It asked the government to comply with the outstanding directions and get a grip over the entire process of mining in the state, “if only to ensure that there is no further degradation of the environment and, upon conducting appropriate environmental impact assessment studies, promote mining in accordance with the law to augment state revenue and provide for employment opportunities”.
