Guwahati: The High Court of Meghalaya has expressed dissatisfaction with the state government’s efforts to curb illegal mining and coal transportation after reviewing the status report on the actions taken.
The court noted that there was no significant improvement in the situation despite the government’s efforts.
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The status report, submitted by the state, aimed to address the recommendations made by the Justice (retired) BP Katakey Committee in its 27th interim report.
The recommendations aimed to initiate an immediate process to expedite the auction of the entire assessed coal, preventing further extensions for successful bidders to deposit bid values, and enforcing the collection of unpaid demurrage charges.
Additionally, the committee recommended that bidders who failed to pay or lift coal from CIL-designated depots should forfeit their earnest money deposit and part of their bid value.
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The committee also suggested the use of drone surveillance and a dedicated special police team to combat illegal mining effectively.
Other recommendations included closing abandoned coal mines, establishing integrated smart check gates, and providing alternative livelihoods to people affected by mining.
A division bench comprising Justice HS Thangkhiew and Justice W Diengdoh reviewed the submissions of the Advocate General and the status report and noted that the latter did not have details on the forfeiture of the security deposit and the part bid amount.
The court also noted that the status report did not provide information about the realization of demurrage charges, aside from indicating that the authorities had issued notices.
The Advocate General explained that forfeiting the part bid amount would violate bid conditions and result in legal consequences. To enforce such measures, the state would need to revise the action plan and bid conditions.
The court noted that the authorities have taken action regarding the committee’s recommendation for drone surveillance, and drone control rooms are now functional in coal-bearing areas of the state.
Further, dedicated teams headed by a Deputy Superintendent of Police or equivalent were in place to continuously monitor the drone surveillance system and submission of periodic reports.
The court observed that the use and interpretation of UAV survey maps need attention, as there is still no clarity. It also noted that the status report indicated that the Meghalaya State GIS and UAV Centre had submitted a letter to the Committee, on February 27.
“Concerning the aerial survey by M/s Garuda UAV Soft Solutions Pvt. Ltd., it is indicated that a final report is still awaited, and it is expected to be submitted by March 25,” it said.
Regarding the transportation of seized coal to centralized depots, the court reviewed a summary of actions taken in East Jaintia Hills and South Garo Hills.
It noted that transporting coal to far-off depots in areas lacking centralized facilities would be impractical.
The court urged the state to expedite the disposal of seized coal under the MMDR Act and obtain necessary court orders to address the backlog of coal outside centralized depots.
The court also expressed concern over the slow progress in closing abandoned coal mine shafts, setting up integrated check gates, and providing alternative employment.
The Meghalaya Industrial Development Corporation oversees mine reclamation, but the state is still awaiting the detailed project report.
The court noted that the authorities have not implemented the integrated smart check gates and that they need approval from the National Green Tribunal (NGT) Oversight Committee to change the re-auction process.
Meghalaya High Court recommended that future auction notices include a clause stating that if payment or coal lifting does not occur within 120 days, the state should cancel the bid, forfeit the earnest money deposit, and re-auction the coal.
The court instructed the state to make the SOP for transporting coal outside the region more effective.
The court learned that the coal source audit is still ongoing.
The state has allowed additional time for coke industries and ferroalloy companies to submit required documentation and verify compliance.
The court expects the state to provide detailed information on the source of fuel used in cement industries before the next hearing.
“It is expected that notwithstanding the matters pending before the NGT, the information should be received before the next date and submitted to the committee. An overall view of the status report on the steps taken by the state respondents, apart from the setting up of the drone surveillance and dedicated team, which is yet to yield any tangible result, the situation on the ground has not seen any quantitative improvement,” the court said.
The bench further said that until the re-assessed coal is fully disposed of, monitoring illegal mining will remain challenging. It urged the state to expedite the process and implement the recommendations faithfully to avoid adverse orders.
Finally, the court ordered the payment of Rs. 3.5 lakh to Justice Katakey for his services, including secretarial expenses.