A social worker from Tura has written to Chief Secretary Rebecca V. Suchiang exposing the various illegalities in auction of seized coal by the State authorities and failure by the government to abide by the order of the Supreme Court on coal mining.
Cherian G. Momin in his letter to the chief secretary said that the main order of the Supreme Court was the disposal of 32,56,715 MT of already extracted coal lying at different parts of the State through auction sale by the Coal India Ltd as filed by none other than the State government before the top court.
“The Hon’ble Supreme Court in its order at para 188 pages 185 & 186, Para 192 Sub-Para 4 (i-iv) page 202 clearly directed the State government to take possession of all 32,56,715 MT of coal, hand over to the Coal India Ltd for disposal through public auction following certain procedures. However, even after two years and nine months of long period, the State government had failed to implement the order except a small quantity of 2,50,000 MT in the beginning of this year (2022). The rest 30,06,715 MT is yet to be handed over to the Coal India Ltd for auction and it is a matter of serious doubt from where the State government will hand over as there is absolutely no extracted coal in the ground unless the State government allows miners to mine coal as is being done presently. Otherwise, why is it taking so long to hand over the entire quantity of coal?” Momin said.
Momin also said that another illegality that the State government has committed or being committed and will commit in future is the misinterpretation of Para 189 at page 187 of the Supreme Court’s order relating to the disposal of seized quantity of coal which directed the State government to dispose of in accordance with Section 21 of MMDR Act, 1957.
“But the State government taking advantage of this paragraph is doing seizure and disposal that is also benefiting some individuals connected to the ruling political party,” he said.
Momin also cited the example of how the so-called unclaimed coal at Nengkra Awe in East Garo Hills has been seized, auctioned and disposed of which led to a total loss of Rs.9,94,54,200 to the State exchequer. He also alleged that besides the revenue loss, the Deputy Commissioner, East Garo Hills brought another loss of Rs.2,15,73,905 by illegally not forfeiting the earnest money of the first five highest bidders as a penalty for withdrawing their bids after they were accepted in the first place.
Momin also demanded a thorough and impartial inquiry on the Nengkra coal auction and exemplary action against those found guilty including recovery of the lost revenue as per provisions of Indian Contract Act, 1872 and Indian Goods Sales Act, 1930 and also under relevant sections of both IPC and the Prevention of Corruption Act, 1988 and also to ensure that future coal auctions should be with total transparency.
He urged the chief secretary to comply with the orders of both the Supreme Court and NGT by stopping illegal coal mining and transportation in the State without listening to politicians and political bosses.
“Take strong action against any district level officers, be it the Deputy Commissioner or the Superintendent of Police or the District Transport Officer or Divisional Mining Officer who may be allowing or helping those coal mafias to continue the coal illegalities in their respective district,” he said.
He also said that another form of blatant violation of orders of both the National Green Tribunal (NGT) and Supreme Court is the State government’s permission to mushrooming of coke industries in the State especially East Jaintia Hills and West Khasi Hills (Shallang).
“The modus operandi of coke factory owners showing in paper how raw coal were procuring from Assam is that they have agreement with coal traders based in Assam to show that raw coals are being supplied to coke factories in Meghalaya following all procedures including payment of required taxes, transits, etc but they have to sell all finished products (coke) to them. But in reality all coke factories are using raw coal that is freshly and illegally mined in the State itself,” Momin added.
He also demanded thorough and impartial enquiry with the help of external agencies on the illegal and unlicensed coke factories in the State, their methods of procuring coal and to close down all unlicensed coke factories involved in illegal coal mining to feed their factories.
Seeking concrete action to totally stop all coal illegalities in the State within a month, Momin also threatened to file contempt proceedings in the Supreme Court if he got any evidence of illegal mining and auction in the near future.
