: Meghalaya’s never-ending stock of coal extracted until an April 2014 ban on rat-hole mining could be a “game” played by the State government and Coal India Limited, the High Court of Meghalaya has indicated.
The Court gave the State government seven days from August 25 to indicate the quantities of previously-mined coal lying in each of the sites referred to in a report by a panel appointed to monitor coal-related issues and suggest measures. The panel is headed by retired judge B.P. Katakey.
The directive of the Court came amidst allegations that coal continues to be extracted illegally and transported but shown as mined almost a decade ago.
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The full Bench of Chief Justice Sanjib Banerjee and Justices H.S. Thangkhiew and W. Diengdoh said measuring coal lying by the roadside may not require any rocket science.
The State government could not indicate the exact quantities of coal mined prior to 2016 and how much awaits disposal. But according to the Katakey panel’s report on August 9, the previously-mined coal “is lying as per the NGT (National Green Tribunal) inventory” by the roadside at 24 places in four districts.
On the other hand, advocate general Amit Kumar said the previously-mined coal may be lying in at least 1,500 dumps.
The Bench ordered the State government, with or without the assistance of the Coal India Limited (CIL), to ensure that the previously-mined coal at each of these sites is measured within a week.
The Bench underlined the importance of the directive by pointing to the NGT’s 2017 order indicating an outer time limit for the disposal of the previously-mined coal. It said although the Supreme Court order of July 3, 2019, somewhat relaxed the time schedule and Justice Katakey required to make appropriate recommendations and oversee the disposal by auction, the process cannot continue endlessly.
“It is evident that Justice Katakey has not been able to make much progress in the disposal since the figures as to the quantum of coal lying at each site have not been furnished and unless the quantities are ascertained, the logistics of transportation and storing them in demarcated depots may not be worked out, leave alone auction,” the Bench said in its order.
“Whatever be the number of dumps, the State has to stand by the particulars furnished before Justice Katakey and as recorded… in the third interim report. It is imperative that the coal lying at such places be disposed of in accordance with law and upon following the pollution control measures pertaining thereto as expeditiously as possible,” the Bench ordered.
It also ordered the preparation of an inventory of the exact quantum of coal at each place.
“There is a little game that the State and CIL may have been indulged in by which the State expects CIL to carry out the measurements but CIL says that it has formed a committee without any indication to the Court as to how the measurement work is being undertaken,” the Bench said.
Apart from ascertaining the quantities of coal at each site and demarcating all the depots, the Court asked the State to prepare a bar chart disclosing how the disposal up to the last kilogram would be completed within nine to ten months beginning September 1, 2022.
The advocate general had confirmed to the Court that about 67,525 metric tonnes of coal illegally mined after 2016-17 had been seized.
When NGT imposed the ban on rat-hole coal mining, Meghalaya had a total coal reserve of 640 million tonnes, largely mined unscientifically by individuals and communities. Coal extracted until the ban and lying in the open was estimated to be 6.4 million tonnes.
