Justice (Retd) BP Katakey, head of the single-member committee constituted by the Meghalaya High Court, convened a meeting with the state mining department on Tuesday.
This session followed up on a similar meeting held in November 2024, after which he submitted a detailed report to the High Court. The committee, formed under a public interest litigation (PIL), reviewed the government’s progress in implementing the Supreme Court’s directives to curb illegal mining.
Justice Katakey previously directed the state government to conduct aerial surveys across five districts—East Jaintia Hills, West Jaintia Hills, West Khasi Hills, South Garo Hills, and East Garo Hills—to identify coal beyond the inventoried stock. These surveys aimed to determine whether illegal mining and transportation persist, despite the National Green Tribunal (NGT) ban upheld by the Supreme Court.
“I asked deputy commissioners to report coal seizures from November to January. Except for South Garo Hills, where over 2,500 metric tons of coal were seized in December, no other districts reported seizures. Regular patrolling continues, confirming illegal mining and transportation occurred in South Garo Hills during November or December,” Justice Katakey stated.
He added that this information would be included in his upcoming report to the High Court, with further action left to its discretion.
Justice Katakey emphasized the need for stricter timelines for bidders to deposit bid values. Currently, extensions are granted upon request, but this practice cannot continue indefinitely. Unlimited extensions, he noted, may lead to discrepancies in coal quantities during lifting, exposing the government to potential litigation.
“For example, if a bidder lifts coal after a year and claims a shortfall, they could demand damages. To prevent this, I have recommended forfeiting deposits and re-auctioning the coal if payments are not made within the stipulated timeframe,” he said.
Additionally, Justice Katakey directed the government to recover damages for periods when bidders fail to lift coal during extensions. He pointed out that public funds are being used to protect coal purchased by private bidders and to compensate private landowners for coal stored on their property—funds that could be better utilized elsewhere.
Justice Katakey expressed concern over the low percentage of seized coal being lifted post-auction. While bidders cited market issues, he asserted that these were their responsibility, not the government’s.
Regarding the aerial survey, the government engaged Garuda UAV Soft Solutions, whose representatives attended the meeting. The survey is underway, and the final report with maps is expected by February 28. For South West Khasi Hills, MBDA has been tasked with surveying six locations to identify mine openings and coal quantities, with their report due by Friday.
Justice Katakey disclosed receiving seven complaints about illegal mining and coal transportation, primarily from South Garo Hills and West Khasi Hills. He directed the mining department to issue notices requesting statements and evidence to support inquiries.
In East Jaintia Hills, one complaint included video evidence, which was forwarded to the Chief Secretary. The Deputy Commissioner assigned the investigation to the Assistant Commissioner, with a report due by next Wednesday.
Justice Katakey highlighted ongoing audits of coal sources for coke factories, ferroalloy plants, and cement company power units. During his tenure on the NGT committee in 2020, he reported illegal coal sourcing by cement companies and recommended a Rs 400 crore recovery, which is now pending with the Supreme Court.
Some coke industries have agreed to pay GST for illegally sourced coal, while cement companies have requested additional time or are responding to notices. Justice Katakey instructed the coal audit committee to submit a status report within a fortnight.
While acknowledging government cooperation, Justice Katakey noted delays in implementing some of his recommendations.
However, he remains committed to addressing illegal mining, ensuring compliance with court directives, and safeguarding public resources from misuse.
