The Meghalaya High Court has directed the State government and Coal India Limited (CIL) to prepare an inventory of the exact quantum of mined coal at each place so that Justice B P Katakey could make appropriate recommendations in consultation with the State officials and CIL for the disposal of the same within nine to ten months.
In an order passed today, the full bench of the High Court said the State government, 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 of Justice Katakey are indicated.
“Such exercise should be completed within a week from today. 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,” the High Court said.
The court also said that Justice Katakey has not been able to make much progress in the disposal of the mined coal since 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.
The High Court also said that simultaneously with the State government ascertaining the quantities of coal at each of the mentioned sites, the demarcated depots, including the existing ones, to hold the entire quantity of coal should be indicated to the 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.
“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 court said.
“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.
The court also directed the State government to keep in mind the prescribed norms for the transportation of coal and its storage and ensure and adopt adequate measures in such regard in accordance with law at the depots prior to the transportation activity being commenced.
The High Court also stated that it appears from the third interim report of Justice Katakey which has also been confirmed by Advocate-General Amit Kumar that approximately 67,525 tons of coal illegally mined subsequent to 2016-17 has been seized and awaits disposal.
“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,” the High Court said.
As far as the seized coal is concerned, the court said that 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.
“Such courts are also requested to attend to any application in such regard with utmost expedition,” the High Court said while listing the matter for hearing on September 7.
