Meghalaya: New panel to ascertain compliance to SC, NGT directions on coal

Retired Guwahati high court judge BP Katakey said that he has received communication from the Meghalaya high court on his appointment and expressed his acceptance.

SHILLONG: Justice (retired) BP Katakey, who has been appointed by the Meghalaya high court for recommending measures to be taken by the state government in compliance with the directions issued by the Supreme Court and the National Green Tribunal (NGT) on coal-related issues, has expressed confidence of completing his task.

One of the key aspects the panel will look into is the sale of coal that had already been mined prior to the prohibition on mining by the orders of NGT. (Representational Image)

The Meghalaya high court on Tuesday last, while following up on its previous order passed on April 4, appointed the retired Guwahati high court judge to come up with the set of proper recommendations, including on the sale of already extracted coal.

“I have received communication from the high court in this regard and I have expressed my acceptance, now it is up to the state government to initiate the process as per due procedure,” Katakey told HT over phone from Guwahati, adding, “I will start work once I have been officially intimated by the state government.”

Hearing a public interest litigation (PIL) on the matter, the full bench of the Meghalaya high court headed by chief justice Sanjib Banerjee said, “Justice Katakey is appointed for the purpose of ascertaining the extent to which the directions issued by the Supreme Court and NGT have been complied with.”

“Justice Katakey will also recommend the measures to be immediately taken to comply with the outstanding directions, including the sale of coal now available, under the aegis of Coal India Limited,” it added.

The high court had proposed that a committee be set up on the lines as formed by NGT earlier to ascertain whether the directions issued by the Supreme Court and NGT had been complied with.

When asked what his role would be this time, Katakey, who had headed an NGT-constituted committee to dwell into the coal imbroglio in Meghalaya but resigned in January 2020 after failing to get the cooperation of the state government, replied, “I am confident that I will finish my task and having the High Court monitoring it will be of great help to me this time. I intend to do it well.”

It has to be recalled that several recommendations were made and a number of these recommendations formed the basis for the directions issued by the Supreme Court in the order of July 3, 2019.

The court said one of the key aspects of the matter is the sale of coal that had already been mined prior to the prohibition on mining by the orders of NGT. Directions were issued by the Supreme Court for the sale of such coal.

As a result of the sale of the previously mined coal not being completed, illegal coal mining was, in a sense, facilitated by the illegal miners claiming that the freshly mined coal was actually the previously mined coal, it said.

Asserting that it is imperative that the entire stock of coal be sold as expeditiously as possible, the court said, “Justice Katakey has agreed to look into the several aspects of the matter, particularly the extent to which the directions issued by the Supreme Court and the NGT have been complied with and what more needs to be done for such compliance.”

Asking Katakey to file a preliminary report within four weeks’ time, the court said, “Justice Katakey should file a preliminary report dealing with the directions issued by the Supreme Court and the NGT that have been complied with and, more importantly, suggesting expeditious steps to comply with the outstanding directions, including the transportation and sale of the available coal.”

Justice Katakey will also look into the measures adopted by the State to ensure that there is no unregulated or illegal coal mining or any instance of rat-hole mining anywhere, it said.

The court further said it will also be open to the state to explore the possibilities of regulating coal mining in accordance with the law, upon ensuring that all illegal coal-mining activities are stopped and the machinery for the illegal mining activities is completely removed and dealt with in accordance with the law.

It has also pulled up the state government for its failure to take action against any official involved in illegal coal mining activities.

“Appropriate action also needs to be taken against the persons involved, and it is a matter of regret that despite previous observations in such regard that illegal coal-mining activities could not have been continued without the local administration’s connivance, the State has not taken any action against any official.”

Meanwhile, the court has directed the state government to extend all cooperation to justice Katakey, including providing for his accommodation and travel for the purpose of completing the exercise in terms of the court order as expeditiously as possible.

Earlier during the hearing, the state had claimed that illegal coal-mining activities across the state have been brought to a halt.

Advocate general informed that a Standard Operating Procedure (SOP) has been prepared by the State so that, upon obtaining the Centre’s permission under the Mines and Minerals (Development and Regulation) Act, 1957, prospecting activities can be permitted to ascertain the possibilities of undertaking large-scale extraction upon complying with all the formalities, including the impact thereof on the environment and local inhabitants.

The next hearing will be held on May 24.