Meghalaya HC orders top state official, DGP to keep illegal mining in check

The court also warned the two officials that they will be held accountable if any manner of illegal coal mining is henceforth reported in the state

The Meghalaya high court on Tuesday directed the chief secretary and the director general of police to not bow down to any “political interference” while enforcing order to check illegal coal mining in the state.

Visuals from an illegal coal mining spot in eastern India. (HT File Photo)

After hearing a PIL on the matter, the full bench in its order said, “The chief secretary, the director general of police and all other police personnel will ensure strict compliance in such regard and will not bow to any political interference in the matter.”

The court also warned the two officials that they will be held accountable if any manner of illegal coal mining is henceforth reported in the state, and directed the DGP to instruct all superintendents of police (SPs) in all districts to ensure illegally mined coal is not allowed to pass, whether in trucks or other vehicles.

“The SPs in all districts in the state are put on notice that if illegally mined coal in the state is found to have originated in or passed through their jurisdiction, they shall be held in contempt,” the court warned.

The HC ruled that apart from the dangerous form of rat-hole mining that is practiced widely, especially in the eastern part of Meghalaya, there are reports that the illegally mined coal in the state is smuggled out and returned allegedly for export to a neighbouring country using forged documents.

The bench further said that there are also credible reports about a substantial part of the illegally mined coal in the state is transported to other states, primarily via trucks bearing Nagaland license plates and with papers showing the coal was mined in some other north-eastern State.

The court reminded the government that the Supreme Court had passed orders based on the initial orders passed by the National Green Tribunal (NGT) to completely curb illegal mining of coal in the state. The other directions issued by the NGT and the apex court are incidental to the principal part of the order and are to ensure the confiscation and disposal of the previously illegally mined coal.

“One must not miss the wood for the trees by ensuring compliance with the incidental directions for the disposal of the previously illegally mined coal without being alive to the complete prohibition of coal mining in the State otherwise than in accordance with law,” it stated.

The court also informed that a policy was notified on March 5, 2021 for the mining of coal in the state and several applications were received. However, no mining licence was issued so far.

“Yet, rampant illegal mining of coal continues despite orders of this court dating back, probably to March of this year. The NGT and Supreme Court orders have been in place from 2016 or earlier,” it observed.