Meghalaya HC directs Govt to check “incidental” loot of minor minerals

In its order passed while hearing a PIL on the matter, the division bench comprising Chief Justice Sanjib Banerjee and Justice W Diengdoh said, “The Chief Secretary will report on the immediate measures taken to check such “incidental” loot of minor minerals when the matter appears a fortnight hence, by filing a report in such regard.”

The court said tens of crores of rupees in revenue have been lost to the State in the State sponsoring, at least from 2018 to 2021, the illegal extraction of minor minerals by tweaking the definition provision and including “incidental” within its fold without following it up by maintaining any check or balance as to how the “incidentally” extracted limestone or minor mineral was being transported or dealt with.

“It obviously led to free loot and a mad scramble among the most favoured to make merry at the cost of the State. The guardians of the State assets let veritable poachers in for obvious extraneous considerations,” it said.

The court further referred the State’s action to a “house owner inviting thieves to loot all his properties and then seeking a commission on the sale thereof.”

The PIL filed by one Lawyerson War had revealed that several persons “incidentally” extracted amounts as much as 99,061.2 MT, 42,907 MT, 34,621 cubic metre of limestone in course of construction of a farmhouse or a residential pathway or paving the way to a paddy field.

There are several such instances of large scale “incidental” extraction of limestone without it being in the course of any road construction or infrastructural project.

“There is no doubt that there is executive complicity in the matter. Indeed, this reflects an utterly inept bureaucracy and no check or balance or any accountability at any level,” the court said.

It further stated, “Though it should not surprise the Court any more as it has already been discovered today that despite having 50 years of reservation policy in State government jobs since the inception of the State, there is no roster system which is followed, the Administration seems lacking in every sphere from healthcare to traffic to preserving the environment or even implementing orders of the Supreme Court that remain outstanding for years together.”

The court also said it is also apparent that there was State support for the continuing illegal mining despite orders having been passed several years back by the Supreme Court and the National Green Tribunal (NGT).

Indeed, one of the persons who “incidentally” extracted limestone as a minor mineral was involved in coal-mining operations prior to the NGT ban as has been disclosed in a list issued by the Divisional Forest Officer of Jaintia Hills Territorial Division, Jowai, a region which has seen rampant illegal coal mining that prompted suo motu proceedings to be initiated by this Court, it said.

“It may be necessary for external agencies, not having any connection with the State, to be brought in to put the house in order here. It is inconceivable that such colossal maladministration caused by design would continue despite there being a bureaucratic set-up in place,” it said.

The court also said that it is difficult to apprehend that it is the Forest Department which is entrusted with the matter of monitoring licenses and permits under the said Rules of 2016 without there being any separate specialised authority in such regard.

The next hearing will be held on April 25.

By Our Reporter