HC slams govt on illegal coal & limestone mining

Shillong, March 9: The High Court of Meghalaya on Thursday slammed the state government for turning a blind eye to illegal coal and limestone mining.
Hearing a pending PIL moved by activist Tennydard Marak against overloading of vehicles, the division bench of the court comprising Chief Justice Sanjib Banerjee and Judge W Diengdoh observed on Thursday that across the state illegal coal mining continues unabated despite the state’s assurance to adhere to subsisting court and tribunal orders and representations to the contrary.
“Orders of the court disbelieving the state on the basis of material available have cut no ice with the state”, the court said.
Accoording to the court, the previous orders indicating that the state appears to be complicit in the illegal mining industries have been quietly digested. Indeed, even if local
inhabitants are driven to illegal mining, for want of any other source of livelihood, if the illegal transportation thereof across the state were to be arrested, there would be no demand and, consequently, the illegal mining would come down or stop altogether, the court said.
The bench expressed after the matter was dragged on for more than a year with very little effort or intent on the part of the state government to check the menace of overloading of goods vehicles that the petitioner perceives to be rampant
across the state.
Several reports and affidavits have been filed on behalf of the state. The state admitted that there are only a limited number of check-postsA stricter set of norms needs to be prepared, both for checking
and control, if only to stop the plundering of the bountiful of natural
resources available and maintain the integrity of the roads, particularly
since the roads are exposed to some of the heaviest rain anywhere in the
world. The State Transport Secretary will personally look into the matter
and devise a scheme to deal with the menace. The Transport Secretary
may seek assistance of the Indian Institute of Management, Shillong to
prepare a blueprint in such regard. However, the leave to seek external
assistance should not be used as an excuse to indefinitely delay the matter.
The Transport Secretary will report on the steps taken when the matter
appears next three weeks hence.
and with the addition of several more by the end of this month, the number of check-points in such regard would only have gone up to 23. These are check-points which have or which will have weighbridges to immediately
check the weight of the perceived overloaded goods vehicles.
The court said there is wanton limestone quarrying, more often than
not with the state looking the other way. “Recent orders of this court have referred to a mischievous tweak in the rules that allowed incidental mining to be carried out; and, in the name of “incidental” mining, thousands of
tonnes of mineral have been disposed of without any licence being obtained or any norms being adhered to.
In addition, there are boulders which are transported out of the state and riverbed mining for sand. “No doubt, local satrap with political connections control such businesses and it suits the state government to
not take any measures in such regard”, the court said.
“It is a sorry state of affairs that the executive which is tasked with the duty of protecting and preserving the assets of the state is complicit in the wanton plundering thereof. It will not do to merely have 23 weighbridges across the state, particularly since the state is used as a thoroughfare to reach several other States like Tripura, Mizoram and Manipur and even to the Barak Valley in Assam. Several of these roads, including some of the key roads or bypasses lead to the southern area”, the bench said.
Orders have been passed last week pertaining to the Jowai bypass on the highway that passes through the state through Khliehriat towards Silchar. The extent of the damage is primarily due to overloading of vehicles that the state seems to do little about, the court said.
A stricter set of norms needs to be prepared, both for checking and control, if only to stop the plundering of the bountiful of natural resources available and maintain the integrity of the roads, particularly since the roads are exposed to some of the heaviest rain anywhere in the world. The State Transport Secretary will personally look into the matter and devise a scheme to deal with the menace. The Transport Secretary may seek assistance of the Indian Institute of Management, Shillong to prepare a blueprint in such regard. However, the leave to seek external assistance should not be used as an excuse to indefinitely delay the matter, the bench said.
The Transport Secretary will report on the steps taken when the matter appears after three weeks.