The State government’s continuous claim that there is no illegal coal mining in Meghalaya has been shown to be pure fiction once and for all. All three judges of the Meghalaya High Court, accompanied by the Chief Secretary, found mounds of freshly dug coal during their visit to Khliehriat and its nearby areas last week.
The full bench of Chief Justice Sanjib Banerjee, Justice Hamarsan Singh Thangkhiew and Justice Wanlura Diengdoh in an order passed today said that it is impossible that such activities could be carried out without the connivance of the local administration.
“It was evident even while travelling along the highways that fresh coal had been deposited in mounds on both sides of the road spanning tens of kilometres. The coal looked to be obviously freshly mined as it was shiny black,” the bench said.
The court said that on the road from Khliehriat to Amlarem, about a kilometre or two from the Silchar-Shillong section of National Highway 6, there is a vantage point from where one can see the valley below. The lower ground is riddled with rigs and tell-tale signs of mining activities and recently constructed hutments.
Even along the stretch, for tens of kilometres, freshly mined coal is dumped on both sides of the road in plain view, it added.
The court said it is alarmed that the District Magistrates, Sub-Divisional Officers and even Block Level Officers are in place along with their counterparts from the police right up to the Superintendent of Police but all turn a blind eye to such illegal activities.
“It can safely be said that the scene in and around Khliehriat speaks of the vast stretches there being beyond the purview of the administration and it is impossible that the illegal mining activities and the deposit of freshly mined coal could take place with such impunity without the possible connivance of the local administration or even worse,” the court noted. “Going by the illegal activities only around the Khliehriat region, it appears that the practice is rampant and may be even more intense in areas which are not easily accessible.”
Informing that reports have been filed by the Chief Secretary and the Director General of Police indicating some actions having been taken, the court said it is evident that the directions issued by the Supreme Court have not been adhered to. It also directed the Chief Secretary to ensure that all illegal mining activities are stopped without further delay.
“It is necessary to monitor the activities and it is surprising that the State has not resorted to drone photography to monitor the activities in the less accessible areas,” the court said.
The bench also directed that the directions issued by the Supreme Court have to be complied with. The orders passed by the NGT need to be followed and the recommendations made by the committee set up by the NGT, several of which have been expressly approved by the Supreme Court, have to be implemented.
“These directions and recommendations have been set out point by point and the Chief Secretary will deal specifically with each of the directions and recommendations and file a report when the matter appears in four weeks hence, as to the action taken,” the court added.
The High Court also noted that the State has done “precious little to ensure the transportation of the coal that had been previously mined and the auction thereof through Coal India Ltd as per the directions of the Supreme Court and the NGT, which has resulted in the present unacceptable scenario.”
It further observed that a committee may be set up to monitor the implementation of the directions and recommendations and that the committee must have the freedom and authority to function without any political interference.
The next hearing on the matter is scheduled for April 4.
Meanwhile, the division bench of the High Court comprising Chief Justice Sanjib Banerjee and Justice Wanlura Diengdoh decided to adjourn the hearing of another PIL filed by social activist Tennydard Marak to April 5.
Marak had filed the PIL seeking the intervention of the High Court on the movement of illegally mined coal in the State and its transportation in heavy vehicles without following the procedure prescribed under the Motor Vehicle Act, 1988 or the relevant rules.
