Shillong, Jul 25: The Meghalaya High Court, has directed the state government to take urgent action and to hold accountable persons or officials under whose watch, coal has been lifted illegally and also to trace the persons involved in lifting the coal.
As per the report filed by the Justice (Retd) BP Katakey Committee, in respect of coal found by Meghalaya Basin Development Authority (MBDA) in Rajaju and Diengngan villages in South West Khasi Hills, according to the Deputy Commissioner, inspection was conducted at Diengngan and only 2.50 tonnes of coal was found with some residue and traces of coal, against 1839.03 tonnes, which had been recorded by the MBDA in its report.
Similarly, in the inspection that has been carried out at Rajaju village, approximately 8 tonnes of coal and some residue and traces of coal were found, out of 2121.62 tonnes, as recorded by the MBDA.
“This issue is of concern, inasmuch as, the same is illegally mined coal and in spite of the detection, unknown persons it appears have lifted and transported the coal,” a division bench of the Meghalaya High Court consisting of Justices, Hamar Sing Thangkhiew and Wanlura Diengdoh stated.
The court was hearing a suo motu Public Interest Litigation (PIL) on illegal mining in Meghalaya yesterday.
According to the High Court with regard to the applications filed by persons claiming non inclusion of their existing coal in the survey conducted by M/s Garuda, the Committee has reported that only one person’s claim was found to be genuine, and out of the 21 applications, one person’s coal was not in the Inventory List, six persons coal was not covered by the affidavit filed before the Supreme Court, and 14 persons coal, though included in the stock of re-assessed/re-verified coal, survey was not found in those coordinates.
The High Court directed that in consideration of these findings, the state should intimate as to what action that has been taken in respect of the coal of these 21 applicants and whether any police case has been registered against those persons, or whether any FIR has been lodged by the authorized officer under MMDR Act, 1957, and if so the outcome of the same.
The court also informed that a status report has also been filed by the government to the 30th Interim Report, and the same also has touched upon the steps taken by it with regard to the illegally mined coal at South Garo Hills District and also the disappearance of the coal in Rajaju and Diengngan villages.
“But apart from indicating that an FIR has been filed, no other information has been given. The Status Report has also indicated the action taken with regard to the coal found outside the designated depots in Jaintia Hills, and the details of the inspection have been given therein,” the High Court stated.
According to the High Court, the Committee it appears has also directed the Deputy Commissioner to verify and compare and quantity of coal against the UAV report, and if there is substantial difference, FIRs to be lodged.
According to the court with regard to the non-matching of challans with the truck number, it is reported that same was due to the breakdown and mechanical defect that the auctioned coal was reloaded on another truck and transported to the exit point at Weighbridge Narang, and it is not a case of any illegal Challan being issued.
On the issue of overloading, the court stated that as per the report, it is stated that necessary steps have been initiated, while the reported death of one miner in Musiang village, as per police report it was found to be not true.
With regard to the source of coal audit of coke oven plants, the court stated that the Katakey committee report indicated that the process is still on, and the Advocate General Amit Kumar has assured that on the next date, the findings would be placed before the court.
With regard to the setting up of Smart-Check Gates, the court observed that the same problems faced are reiterated, but it is reported that the possibility of integration of Smart Check Gates with the Customs Check Gates, is being explored.
The committee’s report also touches upon the collection of demurrage charges, to which Rs. 13,49,093 has been realized till date, leaving a balance of Rs. 5,01.947 to which notices and reminders have been issued.
According to the court with regard to the closure of abandoned mines, the report indicates that both the Central Mines Planning & Design Institute Limited (CMPDIL) and Meghalaya Industrial Development Corporation (MIDC) have submitted invoices for works executed till date, which have been forwarded to the Technical Committee for appraisal and forward to the Oversight Committee of the NGT, but however the final DPR is still to be submitted.
Earlier, the High Court stated that pursuant to its order dated June 2, 2025, meetings have been held with the concerned departments including the Coal India Limited (CIL) to suggest more efficacious and reliable methods, which may be adopted for the expeditious auction of the substantial remaining quantity of re-assessed/re-verified inventoried coal etc.
According to the court as reflected from the Katakey committee report, in the meeting, the CIL had come forward with four suggestions, and the Chairman of the Independent Committee of Coal Auction constituted by the State of Meghalaya had put forward three suggestions.
“The suggestions so made, were discussed in the meeting and three of the four suggestions proposed by the CIL, were in fact already incorporated in the clauses of the Revised Comprehensive Plan, 2022, at clauses 8(j) 10 (p) and 11 (b),” the High Court stated.
The court however pointed out that two other clauses which have been suggested were found necessary to be included in the Revised Comprehensive Plan, 2022.
The clauses are with regard to future auction notices, which will mandate therein, that if full payment is not made in 120 days as observed by this Court in the earlier order, or if the entire coal is not lifted within 120 days of full payment, the bid would be cancelled with the forfeiture of EMD and the coal be put to re-auction.
The court also pointed out that suggestions have also been put forward to convene a meeting with the authorized coal based industries in the state to encourage them to participate in the coal auction process, and also for providing concessional rate to such industries, who are bulk consumers.
“The further suggestions made by the CIL in the meeting dated June 23, 2025, has also been recorded wherein it has been proposed that the auction process be not proceeded with, until all issues are resolved,” the court added.
The court also stated that it was decided to put on hold the initiation of a fresh auction process of re-assessed/re-verified inventoried coal, till today.
According to the High Court it appears that the recommendations of the committee are still to crystalize or take a final form, as inputs are still awaited from different quarters with regard to the efficacious and reliable methods of auction of the said coal.
Meanwhile, the court stated that in view of the prevailing situation with regard to the disposal of re-assessed/re-verified inventoried coal still awaiting further consideration by the Committee, the PIL be listed on August 25, 2025, for further orders.
