SHILLONG:
Director General of Police (DGP) L R Bishnoi on May 16 assured that the state police will strictly go by the court order with regard checking illegal mining and transportation of coal in the state.
This came a day after the Meghalaya High Court in its order sought to know why contempt proceedings should not be initiated against both the Chief Secretary and the Director General of Police for their apparent inaction and failure to check illegal coal mining operations and transportation in the state.
When asked, Bishnoi said, “We have just received the order. I have not gone through the complete order. We will examine the order and we will file affidavit in time.”
He added, “The high court in their recommendations has suggested some measures so we will strictly go as per that high court order.”
On Monday, the full bench consisting of Chief Justice Sanjib Bannerjee, Justice H S Thangkhiew and Justice Wanlura Diengdoh directed both the chief secretary and director general of police to file personal affidavits responding to the facts and the observations indicated in the 13th interim report filed by Justice Katakey who is spearheading the National Green Tribunal inquiry into rampant illegal coal mining and transportation in Meghalaya.
According to the 13th interim report, an exercise by Justice Katakey to obtain firsthand information by conducting a field visit to Shallang and Kyllonmathei areas in West Khasi Hills district on May 10, 2023, unveiled the fact that several coke oven plants were fully operating in the area without any scant respect for the law.
“It was discovered in course of such field visit that a number of coke oven plants have been set up without obtaining consent to establish or consent to operate or both from the Meghalaya State Pollution Control Board,” the report read.
Furthermore, the court observed that the observations in the 13th interim report indicate the presence of innumerable dumps having huge quantity of coal around the entire Shallang and Kyllonmathei areas. “Indeed, two small coal dumps are noticed outside the boundary wall of Shallang Police Station. By the side of national highway No.127B and within two kilometres of Shallang Police Station, coal dumps are noticed which are covered by polythene sheets. According to the report, two trucks laden with coal, one being registration No.ML 05 – K 0917 and the other without any registration plates were found. The report refers to the fact that preceding the field visit conducted on May 10, 2023, there were no coal dumps other than the coal in depot No.9, which was a designated depot and the huge quantity of coal found all over the place “are illegally mined and transported coal.”
“There is a further observation that no action either by the civil administration or the police administration or by any officer authorised under the Mines and Mineral (Development and Regulation) Act, 1957 has been taken for illegal storage and transportation of such huge quantity of coal and that not a single case so far has been registered, not even a complaint filed,” the Court observed with concern.
According to Justice Katakey, “no attempt has been made either by the police administration or by the civil administration to ascertain the owners of the coal, the landowners on whose land the coal has been dumped and the persons who transported such coal; and, no action has been taken against the two coal laden trucks nor any case registered in Shallang Police Station”. The report suspects that there was a strong possibility of transportation of illegally mined coal in the Kyllonmathei area to coke oven plants illegally operating around such area.
The stinging report also states, “Presence of huge quantity of coal near and around Shallang Police Station and distinctly visible from road, rules out the possibility of not having noticed or having no knowledge of the civil and the police administration about dumping/presence of coal in that area. The dare devil act of the coal mafias of transportation and dumping of huge quantity of coal within 2 kilometres from the Shallang Police Station and non-initiation of any action in respect of the said coal reflect the apathy of the officers of the concerned departments in stopping the illegal coal mining activities. Such illegal action and inaction on the part of the concerned officers indicate either involvement or blessings of very influential person(s) in carrying out the illegal coal mining activities, without which such illegal activities would not have continued even in broad day light. The officers of the concerned departments including the civil and police administration appeared to be the silent spectators of the illegal coal mining activities.”
Observing that the matter pertaining to the rampant illegal mining and illegal transportation of illegally mined coal has been brought to the notice of the highest officials of the State, including in the police and in the civil administration, the court sternly reminded, “Such officials may do well to refer to the original orders passed by the National Green Tribunal and the orders passed by the Supreme Court endorsing the prohibition of illegal mining.”
“This is most important since the State now plans to open scientific mining. It would be completely unreasonable and arbitrary for a group of persons to be required to undertake mining in a regulated, scientific manner upon paying the due licence fees and royalty therefor; while others are permitted to continue illegal mining without obtaining any permission or paying any revenue to the State for such purpose,” it chastised.
Meanwhile, Dr. N. Mozika appearing for the Union submitted that no instructions have been issued as to the availability of Central police personnel for taking up the task of stopping the illegal transportation of illegally mined coal in the State.
The matter will appear next on May 23, 2023.