Meghalaya HC pulls Govt over failure to provide exact quantities of extracted coal

In its order passed while hearing a PIL on the matter, the full bench headed by Chief Justice Sanjib Banerjee said, “Quite alarmingly, the State is unable to indicate the exact quantities of coal that had been mined prior to 2016 and which awaits disposal at various places.”

The bench said the third interim report filed by Justice BP Katakey on August 9, 2022, has recorded at paragraph 3.5 that the previously mined coal “is lying as per NGT inventory” by the sides of the public roads at 24 places; 12 of them being in the East Jaintia Hills, two in the West Khasi Hills, seven in the South West Khasi Hills and three in the South Garo Hills.

The Advocate General informed that, in fact, previously mined coal may be lying in dumps which may number 1500 or more.

The bench however said whatever be the number of dumps, the State has to stand by the particulars furnished before Justice Katakey and as recorded at paragraph 3.5 of the third interim report.

“It is imperative that the coal lying at such places be disposed of in accordance with law and upon following the pollution control measures pertaining thereto as expeditiously as possible,” it said while directing the state to prepare an inventory of the exact quantum of coal at each place.

It further said that there is a ‘little game’ that the State and Coal India Ltd (CIL) may have been indulged in by which the state expects CIL to carry out the measurements but CIL says that it has formed a committee without any indication to Court as to how the measurement work is being undertaken.

Stating that measuring coal lying by the roadside may not require any rocket science technology, the bench directed that, “The State, whether with the assistance of CIL or otherwise, should ensure that the quantities at each of the sites referred to in paragraph 3.5 of the third interim report are indicated. Such exercise should be completed within a week from date.”

“This urgent direction is given since the NGT had passed orders by or about the year 2017 indicating an outer time-limit for the disposal of the previously mined coal and though the Supreme Court order of July 3, 2019 somewhat relaxed the time schedule and required Justice Katakey to make appropriate recommendations and oversee the disposal by auction, the process cannot continue endlessly,” it said.

The bench further stated that it is evident that Justice Katakey has not been able to make much progress in the disposal since the figures as to the quantum of coal lying at each site have not been furnished and unless the quantities are ascertained, the logistics of transportation and storing them in demarcated depots may not be worked out, leave alone the auction.

“ Simultaneously with the State ascertaining the quantities of coal at each of the said sites, the demarcated depots, including the existing ones, to hold the entire quantity of coal should be indicated to Court with a timeline, as in a bar chart, disclosing how the disposal up to the last kilogram of the previously mined coal would be completed within a period of, say, nine to ten months beginning September 1, 2022,”it said adding “A clear picture in such regard without any attempt to divert the attention, should be forthcoming from the State when the matter is taken up a week hence.”

The bench further directed that the State will keep in mind the prescribed norms for the transportation of coal and its storage and will ensure and adopt adequate measures in such regard in accordance with law at the depots prior to the transportation activity being commenced.

“Once the quantities of coal lying at the various sites are indicated, Justice Katakey may make appropriate recommendations in consultation with the State officials and CIL for the disposal of the same, upon directing strict adherence to pollution and other applicable norms, within the time frame as indicated in this order,” it added.

Meanwhile, approximately 67,525 MT of coal illegally mined subsequent to 2016-17 has been seized and awaits disposal, according to the third interim report.

In view of this, the bench directed that it is necessary that such coal be disposed of as expeditiously as possible so that fresh illegally mined coal is not dumped on top of such seized coal and sought to be passed off as previously mined coal.

“Indeed, if further seizures are made of illegally mined coal in recent times, immediate steps in such regard should be taken upon reporting the quantum of seizure to Justice Katakey and seeking directions for disposal thereof. As far as the seized coal is concerned, requisite permission should be obtained from the relevant criminal courts in accordance with Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957,” it said while also directing such courts to attend to any application in such regard with utmost expedition.

Meanwhile, Justice Katakey has also filed a fourth interim report on August 23, 2022.

By Our Reporter