Meghalaya Coal Mining: SC directs state to deposit Rs 100 Crore from environment protection fund

In a judgment delivered on Wednesday, the Supreme Court directed the State of Meghalaya to deposit a sum of Rs 100 crore with the Central Pollution Control Board (CPCB)..In January this year, the National Green Tribunal (NGT) had imposed a fine on the State of Meghalaya for its failure to curtail illegal mining. The Supreme Court has now modified this order to say that the amount to be deposited is neither a penalty nor a fine. The judgment says,.“The amount which has been directed by NGT to be deposited by State of Meghalaya is neither a penalty nor a fine imposed on the State of Meghalaya..… State of Meghalaya has very limited source of finances and putting an extra burden on the State of Meghalaya to make payment of Rs. 100 Crores from its own financial resources may cause great hardship to the State of Meghalaya. Ends of justice be served in modifying the direction of NGT dated 04.01.2019 to the extent that State is permitted to transfer an amount of Rs. 100 Crores from the amount lying in the MEPRF to the Central Pollution Control Board.”.Thus, the judgment rendered by the Bench of Justices Ashok Bhushan and KM Joseph says that the money is to be transferred from the Meghalaya Environment Protection and Restoration Fund (MEPRF) and will be used by the CPCB for restoration of the environment..The Court also passed other directions as regards the transportation and auction of coal extracted from the mines. The extracted coal which is in the custody of the state shall be handed over to Coal India Ltd for disposal. Coal India will auction this coal and remit the state..The Supreme Court was hearing an appeal filed by the State of Meghalaya against the order of the NGT. A number of applications filed by various other parties seeking directions for transportation of the coal in the state were also heard by the Supreme Court along with this matter..On August 31 last year, the NGT directed a committee headed by Justice BP Katakey, former Judge of the Gauhati High Court, to look into the issues of environmental restoration and to prepare a time-bound action plan and ensure its execution. This order had also stated that a ban on rat-hole mining in Meghalaya, which was imposed in 2015, will continue to be in place..It was when a report of the Katakey Committee was submitted and considered by the NGT on January 4 this year that the tribunal concluded that the state had “failed to perform its duties” in paying no heed to the recommendations of the State Pollution Control Board made back in 1997. It thus went on to impose the Rs. 100 crore fine..Both these orders of the NGT were appealed before the Supreme Court. The constitution of the Kakatey Committee without involving the District Council was challenged. The District Council has exclusive jurisdiction over issues concerning the administration of forests and lands..The parties also questioned the imposition of a perpetual ban on mining activities in Meghalaya, contending that such a ban would shut out a major source of revenue for the administration. Another appellant was aggrieved by the fact that the NGT did not examine the effect of the blanket ban on mining on the people of the state..After hearing all the parties, the Court came to a conclusion that the NGT had the jurisdiction to form the Katakey Committee. The judgment states,.“The stand taken on behalf of the State of Meghalaya before this Court that the Tribunal has no jurisdiction cannot be approved. .The power given to the Tribunal is coupled with duty to exercise such powers for achieving the objects. There is no lack of jurisdiction in NGT in directing for appointment of a committee and to obtain a report from a Committee.”.On the issue of District Council’s jurisdiction, the Court said that the NGT’s order for formation for a committee to look into a time-bound action plan for restoration of the environment does not interfere with the Council’s powers..The Court further allowed for mining activities to take place on privately-owned or community-owned land in the state, subject to appropriate and requisite permissions from the administration. If such mining activity with all due approvals and permissions is carried out in specified land, “the ban order dated 17.04.2014 of the tribunal of the NGT shall not come in way of carrying mining operations,” the Court clarified. On the duties of the state in this regard, the Court held,.“The State of Meghalaya has ample power and jurisdiction under the Act, 1957 and Rules, 1960 to check, control and prohibit coal mining operations in Hill Districts of State of Meghalaya.”.The Bench went on to pass a string of directions addressing the issues raised in all the appeals..The State of Meghalaya was represented by Senior Advocates Shekhar Naphade and Amarendra Sharan along with Advocate General for Meghalaya Amit Kumar. Additional Solicitor General Atamaram Nadkarni represented the Centre..Other appellants were represented by Senior Advocates Ranjit Kumar and Raju Ramachandran while Senior Counsel Colin Gonsalves acted as the Amicus Curiae in the case.Read the judgment: