Meghalaya HC Expresses Displeasure Over State Government’s Handling Of Illegal Coal Mining

The Meghalaya High Court has recently observed that the State government has made minimal efforts to tackle the issue of illegal coal mining and the transportation of coal to unauthorized coke plants.

A full bench of Chief Justice Sanjib Banerjee, along with Justices HS Thangkhiew and W Diengdoh, expressed disappointment with the State’s request for an adjournment in the case.

“The State’s consistent practice has been to ward off these matters and hope for something better. However, when it comes to cracking down on illegal operations, very little appears to have been done“, the bench remarked.

The Court was hearing a public interest litigation (PIL) addressing the issue of illegal mining and unauthorized coke plants in the State, the Court received the concerns raised by the petitioner, Monu Kumar. Kumar pointed out that numerous coke oven plants were operating without proper licenses or permissions in the West Khasi Hills District.

In light of these concerns, the Court has decided to broaden the scope of inquiry conducted by a one-person committee led by retired Gauhati High Court judge BP Katakey. The committee has now been directed to investigate the involvement of complicit officials who have allowed these illegal practices to persist.

“Justice Katakey’s brief may be extended for him to inquire into the persons behind the illegal operations of mining and transportation of coal and the illegal operation of coke plants, including the receipt of illegally-mined coal at such plants. In course of such exercise, the acts of omission and commission by persons in the administration, particularly police officials, including, possibly, the officer-in-charge of Shallang, may also be directed to be looked into“, the bench stated.

The matter is scheduled for further hearing on July 3, 2023.

The High Court has also been hearing a suo motu case concerning illegal coal mining in the State. In the past, the Court emphasized the need for a thorough investigation into the matter, free from any political influence.

In March 2022, the Court observed that the illegal activities were being facilitated through the collusion of local authorities. To curb the practice, in February of this year, the Court directed the deployment of Central Armed Police Forces (CAPF) to monitor and prevent such activities.

It is important to note that coal mining in Meghalaya is gradually being restored in a limited capacity and in phases. This follows the Supreme Court’s 2019 decision to overturn a 2014 order of the National Green Tribunal, which had imposed a complete ban on coal mining in the State.