In a significant ruling by the Supreme Court of India, a judgment has been delivered on the transportation of coal in Meghalaya, addressing concerns regarding impact assessment and ensuring legal compliance. The case revolves around the transportation of coal following illegal mining activities, with various associations and individuals seeking permission. Stay updated on the latest developments and implications of this crucial decision.
Facts
- Prayer made for stoppage of illegal mining activity in Meghalaya
- Appointment of a committee to assess the impact of illegal mining
- 176655 MTs of coal still to be transported as per report
- Directions given by the Tribunal to stop illegal mining in Meghalaya
- Various associations and individuals seeking permission to transport coal
- Committee report dated 31.03.2019 addressing transportation of coal
- Despite Supreme Court order, transportation of coal is ongoing
- Appeals filed against NGT orders for transportation of coal
- Orders permitting transportation of coal under terms and conditions
- Accident involving coal-laden truck resulting in casualties
- Dismissal of Interlocutory Applications for the present case
- Initially allowed transportation of coal up to 31.03.2019 based on the submission by the learned counsel for the State of Meghalaya.
- 1,76,655 MTs of coal was stated to be available for transportation.
- Subsequent order dated 15.01.2019 prohibited transportation of any coal lying on the sites.
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Arguments
- Reference made to the Technical Committee Report appointed by the State Government for assessment.
- Various applicants seeking transport of unassessed coal are entitled for transportation.
- Approximately 75,050 Mts. of coal had challans for transportation issued, included in the permitted quantity of 176,655 MTs by the Court.
- Applicants with transportation challans issued in connection to the 04.12.2018 order had their coal included in the permitted quantity but could not transport due to a subsequent order on 15.01.2019.
- Some applicants argue that a significant amount of coal has already been assessed by the State and respective Deputy Commissioner.
- Learned Amicus Curiae and Shri Nidhesh Gupta refuted the submissions of the applicants regarding the transportation of coal in the rainy season and its potential adverse effects on the environment.
- They contested that permitting transportation of coal during the rainy season would not cause adverse environmental effects.
- The argument about a large quantity of coal lying in the open causing environmental pollution was also opposed by the Learned Amicus Curiae and Shri Nidhesh Gupta.
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Analysis
- Transport of coal was stopped on 15.01.2019 due to a tragic incident in rat hole mining where laborers died.
- There is a risk of illegal mining if permission for coal transport is granted.
- The coal sought to be transported was illegally mined against the Mines and Minerals (Development and Regulation) Act, 1957.
- Detailed submissions have been made before the Court proving the illegal mining of coal.
- The Katakey Committee Report of 31.03.2019 mentioned the quantity of coal permitted for transport by the court order of 04.12.2018.
- Challan for transport of 176655 MTs of coal was issued, out of which 94099 MTs has already been transported.
- 75050 MTs of coal is left to be transported as per the report.
- Permission is granted for the transportation of the remaining 75050 MTs of coal for which transport challans have already been issued by the State of Meghalaya.
- The National Green Tribunal has imposed a ban on mining which has not been interfered by the Court.
- Necessary precautions must be taken by the State of Meghalaya to ensure only the permitted coal is transported.
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Decision
- State government to entrust the duty to responsible officers of the State Government not below the rank of Deputy Commissioner to ensure compliance
- Only intervention permitted on applications seeking impleadment
- Orders passed on applications seeking directions will await final disposal in batch of cases
- No transportation of coal allowed until the next date of hearing
- Grant time for transportation of coal up to 31.01.2019
- State of Meghalaya to deliberate on mechanism for transportation of coal with proper documentation
- State authority to maintain details of transportation in registers including quantity, payments, transporters, owners, and verification certificates
- No other category of coal permitted for transportation
- Applicants permitted to intervene in the matter
- Impleadment applications disposed of accordingly
- Transportation of coal started immediately after 04.12.2018
- Finalise mechanism for verification and transportation of coal within a week and publicise it
- Actual transportation with verification certificate by Officer not below the rank of Deputy Commissioner permitted from 17 May, 2019 to 31 May, 2019
- No transportation permitted after 31 May, 2019
Case Title: LBER LALOO Vs. ALL DIMASA STUDENTS UNION HASAO DISTRICT COMMITTEE
Case Number: C.A. No.-005295 / 2019
