HC raps CS over inaction against officials involved in illegal coal mining

SHILLONG, APR 4: The Meghalaya High Court on Monday expressed disappointment over failure of the Chief Secretary to take action against government officials who are involved in “actively aided” illegal coal mining in the state.

Hearing a PIL, the full bench headed by Chief Justice Sanjib Banerjee said, “The Chief Secretary’s report is singularly lacking in indicating what measures may have been taken against the local officials, who not only looked the other way while the illegal mining thrived, but may have actively aided therein.”

“There has to be accountability and this aspect of the matter has to be immediately focussed so that a message is sent loud and clear that the watchdogs would be proceeded against if anything remiss is found under their watch,” it said.

The State had submitted that more than 3500 trucks have been seized in terms of the NGT order of January 5, 2019 and it may not be possible to indicate the particulars pertaining to each of the seizures.

The court however said there appears to be some action taken, though it is not clear from the report as to whether all the directions in such regard issued by the Supreme Court and the NGT have been complied with.

It said at any rate, it is obvious that the time-frame within which the previous illegally mined coal had been required to be disposed of under the aegis of Coal India Limited, has not been adhered to.

“It is this which has primarily fuelled the illegal mining with the subsequently illegal mined coal being attempted to be passed off as the previously mined coal. This could not have happened without the active connivance of the local administration,” the court said.

Stating that the present exercise is not to inquire afresh into the matters which have been covered by orders passed by the Supreme Court and the NGT, the court said that the present exercise is limited to ensuring that all the directions issued by the Supreme Court and the NGT in such regard are followed and implemented since, the failure on the part of the administration to abide by such directions may not have been brought to the notice of the Supreme Court or the NGT.

“It may also do well for a committee to be set up, on the lines as formed by the NGT earlier, as some of the members of the previous committee already have the experience of dealing with the matter and may be able to ensure better compliance with the directions or more easily detect the failures on the part of the administration in such regard,” it said.

Further, the court has also directed that the State should make every endeavour to comply with the outstanding directions and get a grip over the entire process of mining in the State, if only to ensure that there is no further degradation of the environment and, upon conducting appropriate environmental impact assessment studies, promote mining in accordance with law to augment State revenue and provide for employment opportunities.

The next hearing will be held on April 19.

By Our Reporter