Illegal Mining: Meghalaya High Court Seeks Status Report On Detection Of Excess Coal In East Jaintia Hills

The Meghalaya High Court recently asked the State Government to file a detailed status report on the different aspects of coal mining in the State, especially on the aspect of detection of excess coal in East Jaintia Hills by a drone survey and inspection company.

The division bench of Justice H.S. Thangkhiew and Justice W. Diengdoh further directed the Specially Designated Courts to expedite the matters with regard to coal seized under Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act).

The Court was hearing a PIL raising the concern of illegal mining in the State of Meghalaya.

Pursuant to the 27^th Interim Report filed by Justice (Retd.) B.P. Katakey Committee, a Status Report was filed by the State-respondents.

The Advocate General appearing for the State presented the contents of the said status report to state the actions taken by the State respondents on several aspects including auction of left-over quantity of coal, recovery of unpaid demurrage charges, the action taken towards forfeiture of security and part bid amount, and the bid amount on account of non-lifting of auctioned coal. It was further submitted that meetings have been conducted for amendment of the clauses in the Auction Policy 2022, as per the directions and orders of this Court.

The Court noted that the said report indicates the presence of 1,92,840.13 tonnes of coal which is outside the CIL designated depot, thereby implying that the same has been illegally mined, and further speaks of disposal of coal seized under Section 21 of the MMDR Act.

It was submitted that active steps are being taken and though there might be incidents of illegal mining, the State Government is committed towards eradicating the same. The Court accepted and taken on board the said status report.

The Court also perused the 28^th interim report filed by the Justice (Retd.) B.P. Katakey Committee. The said interim report highlighted three issues which needs to be addressed immediately- first the detection of huge quantity of undocumented coal outside the CIL designated depots amounting to 1,92,840 tonnes, of which 1,80,299.48 tonnes has been detected in East Jaintia Hills.

The Advocate General prayed for seeking instructions and to file a report, as to how and why this has occurred.

The second aspect highlighted was the Meghalaya Development Basin Development Authority (MBDA), which has been tasked with the job of interpretation of aerial maps and to make volumetric assessment of coal in certain areas of Villages of South West Khasi Hills, and if necessary to take the assistance of the North East Space Application Centre, has not been done. It was highlighted in the interim report that the MBDA has not even cared to attend the meetings convened by the Committee, nor has it taken any steps to interpret the aerial (UAV) survey maps in the six villages in South West Khasi Hills, or generated any report thereupon.

The third aspect raised in the report was the issuance of Mining Transport Challans (MTC) issued by the Directorate of Mineral Resources (DMR), wherein in two instances it has been detected that the issuance of the same is in violation of clause 10(c) of the Revised Comprehensive Plan, 2022, as the name and address of the owner and driver of the vehicle and their Mobile numbers has not been mentioned, apart from the fact that the vehicles that were checked were carrying MTC issued under the numbers of different vehicles.

“Accordingly, let a copy of the 28th Interim Report be made over to the State respondents with a direction that a detailed status report be filed, especially on the aspect of detection of excess coal by the Garuda UAV, in East Jaintia Hills. The learned AG has also prayed before the Court that the matters under the Specially Designated Courts with regard to coal ceased under Section 21 of the MMDA Act, be expedited. It is ordered accordingly and it is expected that the Special Courts dealing with the same dispose of the matters at the earliest,” the Court directed.

The Court further directed that with regard to the other aspects, a fresh status report to be filed within four weeks.

The matter is again listed on June 2 for further orders.

Case Title: Inre Suo Motu Illegal Mining of Coal in the State of Meghalaya v. State of Meghalaya & Ors.

Case No.: PIL No. 2 of 2022

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