Illegal coal mining impossible without connivance of local administration: Meghalaya High Court

A full bench of the Meghalaya High Court recently observed that it is impossible that illegal mining activities in the State are being carried out without the connivance of the local administration [In Re Suo Motu Illegal Mining of Coal in the State of Meghalaya]..A full bench of Chief Justice Sanjib Banerjee and Justices HS Thangkhiew and W Diengdoh suggested that an independent committee be formed to implement the directions and recommendations of the National Green Tribunal (NGT) as well as the Supreme Court in the matter. "It is alarming that District Magistrates, Sub-Divisional Officers and even Block Level Officers are in place along with their counterparts from the police right up to the Superintendent of Police; but all of them turn a Nelson’s eye to such illegal activities. It can safely be said that the scene in and around Khliehriat speaks of the vast stretches there being beyond the purview of the administration and it is impossible that the illegal mining activities and the deposit of freshly mined coal would be conducted with such impunity without the possible connivance of the local administration or even worse," the Court said. The full bench was hearing a suo motu public interest litigation (PIL) petition on the practice that has continued unabated in the State. On February 23 this year, the High Court had taken suo motu cognisance of a newspaper article highlighting the prevalence of rat-hole mining in the State's West Khasi Hills district.Rat-hole mining is a practice of excavation in Meghalaya where miners go through narrow horizontal tunnels about 150 metres dug against deep vertical shafts.Coal mining in Meghalaya is being restored in a limited capacity in phases, after the Supreme Court in 2019 set aside a 2014 order of the National Green Tribunal that ordered a blanket ban on coal mining in the State.A Bench of Chief Justice Sanjib Banerjee and Justice W Diengdoh had asked the Chief Secretary and the Meghalaya Director General of Police to submit a report after visiting the area.The Bench, in its brief order of February 23, had repeatedly stressed on the seriousness of the issue, observing:"It is imperative that the matter be immediately looked into ... [The Additional Advocate-General is] called upon by the Court to immediately communicate this order to the appropriate personnel. The matter requires immediate, serious attention.".Pursuant to its order in the matter, the chief secretary had sent a report after visiting the concerned areas along with the judges in the present Bench. In its order passed last week, the Bench observed at the outset that it was evident even while travelling along the highways that fresh coal had been deposited in mounds on both sides of the road spanning tens of kilometers. "The coal looked to be obviously freshly mined as it was shiny black," the Court saidIt further noted that the practice was still rampant and perhaps more intense in areas that are not easily accessible, clearly indicating that the top court's orders had not been adhered to. "The Chief Secretary to the State is responsible for implementing such directions and the Chief Secretary remains obliged to ensure that all illegal mining activities are stopped without further ado or delay," the Bench added, directing the Chief Secretary to file a detailed and specific resort regarding the same when the matter is listed again after 4 weeks on April 4, 2022. The High Court emphasised that the orders, directions and recommendations of the top court as well as the NGT have to be complied with."It also appears that the State has done precious little to ensure the transportation of the coal that had been previously mined and the auction thereof through Coal India Limited as per the directions of the Supreme Court and the NGT, which has resulted in the present unacceptable scenario," the Court observed. The Bench thus called for a committee to be set up to monitor the implementation of all these orders, adding that the said committee "must have the freedom and authority to function without any political interference.".Advocate-General A Kumar with Government Advocate R Colney appeared for the respondents on March 7, 2022. [Read order]