Shillong, Sept 18: The 24th report of court-appointed BP Katakey committee suggested the need for satellite imagery through NESAC, Umiam which will instill confidence on the existence or otherwise of illegally mined coal.
- Summary of Recommendations :
The Committee, in view of what have been observed above, are making the following recommendations for kind consideration by this Hon’ble Court :
The Secretary to the Govt. of Meghalaya, Mining and Geology Department to inform the auction purchasers who have applied and granted extension of time for payment of auction bid amount and also extension of time for lifting of auction coal from the CIL designated depots only, intimating them the amount of demurrage charges payable by them and also for immediate deposit of such demurrage charges. The Secretary, Mining and Geology Department shall inform the auction purchasers who have not shown any interest of making the payment of the balance auction bid amount and / or did not apply for extension of time for making such deposit and also for lifting of the auctioned coal, that EMD made by those auction purchasers be forfeited and to put such coal for re-auction in the next auction to be conducted.
Conduct of the survey by satellite imagery through NESAC, Umiam, Meghalaya, Govt. of India, Department of Space, which will inspire the confidence in the mind of the people of Meghalaya about the existence or otherwise of illegally mined coal, other than aforementioned re-assessed/re-verified inventoried coal and already seized coal under the provisions of the MMDR Act, 1957, as there are still allegations of continued illegal mining activities in the State of Meghalaya levelled at different quarters including in print and social media.
Issuance of a direction by this Hon’ble Court to NESAC, Umiam, Meghalaya to conduct such survey by satellite imagery to find out the availability of any further mined coal in the districts of Meghalaya so as to take appropriate legal action under the provisions of MMDR Act, 1957, apart from the aerial survey already directed to be conducted by the Govt. of Meghalaya by an agency.
(a) The State Government to issue order regarding pasting of different coloured stickers/coloured papers by the transporters at the prominent place in the windshield of the vehicles carrying the auctioned seized coal, CIL auctioned coal and coal brought from outside the state either to the State of Meghalaya or to any other State or country outside India, so that it can easily be verified whether the coal carried by the transporters is auctioned seized coal or CIL auctioned coal or coal brought from the outside the State of Meghalaya.
(b) Any vehicle carrying coal without such stickers shall be seized along with the coal treating the same as illegally mined coal and required proceedings under the MMDR Act shall be initiated.
(C) The State Government to issue guideline for transportation of auctioned seized coal to cement industries and their power plants and to legally set up coke oven plants in the State of Meghalaya.
The Chief Secretary and the Secretary, Mining and Geology Department Govt. of Meghalaya to ensure conduct of a fresh verification relating to the alleged continued illegal mining in South West Khasi Hills district and to submit a report within a fortnight
The Mining and Geology Department, Public Works Department and the Transport Department of Govt. of Meghalaya to explore the possibility of setting up of the integrated smart check-gates at Nonghyllam and Khonjoy in South West Khasi Hills District, along the Highway (SH-04) so as to monitor the movement of trucks carrying coal and to prevent any illegal transportation of coal, as the proposal to set-up integrated smart check-gates at the exist points in Borsora, Cherragaon and Bagli in the said district could not be possible due to the refusal to provide the land for setting up of the same by the respective land owners. Setting up of the integrated smart check-gates at Nonghyllam and Khonjoy along the highway would serve the purpose as the vehicular traffic has to pass through the said areas to reach the exit points in Borsora, Cherragaon and Bagli in South West Khasi Hills district.
The coal mine openings, which are in thousands, having not been sealed, those have not only endangered the human life but also the lives of the livestock. The Govt. of Meghalaya to take up the issue relating to the closure of mine openings on urgent basis and also to furnish the required information to CMPDIL within a fortnight. The Govt. shall also take appropriate decision relating to the finalization of vendors for undertaking different jobs like survey, analysis etc. Unless the mine openings are closed and / or for the time being fenced, the restoration of mining effected areas is not possible and hence there is absolutely no restoration of mining effected areas till date.
The Regional Director, CPCB, Shillong to make a detailed presentation on the plan and program for utilization of Rs. 100 Crore and the interest accrued thereon, for restoration of the damages caused to the environment due to the coal mining activities, which has not so far been done.
Immediate appointment of the Auditors to audit MEPRF so as to find out whether the fund already sanctioned and released for different projects have infact been utilized for the purpose for which such sanction has been made. Audit of MEPRF is of utmost urgency.
Urgent implementation of approved schemes prepared by the various departments of the Govt. of Meghalaya so as to offer alternative source of livelihood to the coal miners, so that the possibility of continued illegal coal mining activities in the State could be avoided, as the coal miners may continue to indulge illegal activities for earning their livelihood. The Oversight Committee constituted by the Hon’ble NGT therefore, needs to take up this issue urgently.
Date :- 14/08/2024 (Brojendra Prasad Katakey)
Former Judge
Gauhati High Court
