By Our Reporter
SHILLONG, Feb 15: The recent prohibitory order issued by the East Jaintia Hills district administration banning illegal coal mining in the Thangsko area has drawn sharp criticism from legal expert Vivian G. Kynta.
He termed the move “cosmetic” and belated, arguing that existing directives of the National Green Tribunal (NGT) were already sufficient to curb unlawful mining activities.
The comprehensive ban was imposed on February 7, two days after the explosion at the illegal rat-hole coal mine in Mynsngat-Thangsko. Acting on directions from the High Court of Meghalaya, the district administration ordered strict enforcement measures, including seizure of vehicles and machinery linked to unauthorised coal extraction.
However, Kynta questioned the necessity and timing of the fresh order.
Speaking to The Shillong Times, he stated the NGT’s directions are enforceable in law, and any violation automatically attracts consequences.
“When the NGT order is already in force, any consequences arising from its violation are self-contained. The NGT can even take action against administrative authorities for failure to enforce its orders,” the senior lawyer said.
Referring to the prohibitory order issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023, he argued that the move appears perfunctory. “In this case, issuing a prohibitory order seems cosmetic because violations have been occurring from time to time. What prevented the authorities from implementing the NGT’s directions earlier?” Kynta asked.
He described the order as “innocuous in nature”, suggesting that it conveys a reactive response after loss of life and public exposure of continued illegal mining activities.
Earlier, East Jaintia Hills District Magistrate Manish Kumar announced a sweeping ban on all forms of illegal coal extraction in Thangsko and directed the immediate seizure of vehicles, machinery, and materials connected to such operations.
Magistrates, assisted by local police, have been tasked with identifying and detaining mine owners, operators, financiers, and others involved in unlawful mining.
Officials stated that enforcement will extend beyond direct participants, and any vehicle or equipment used in illegal extraction will be confiscated. Legal proceedings will also be initiated against those involved.
The administration also mandated regular inspections in the affected areas and warned that offenders will face prosecution under the Mines and Minerals (Development and Regulation) Act and other applicable laws.
In anticipation of resistance during enforcement drives, authorities have imposed restrictions on public gatherings in and around the mining sites in Thangsko. Barring government officials on duty, the latest order prohibits the assemblies of more than five people.
Kumar acknowledged persistent challenges in containing illegal mining despite previous interventions.
“There have been credible complaints from locals and reports on social media, indicating that illegal mining and unlawful extraction of minor minerals are still taking place in the area,” he said.
Officials emphasised that the enhanced measures aim not only to halt ongoing activities but also to deter future violations through visible enforcement and legal accountability.
