Shillong, June 14: The high-court appointed committee on coal headed by retired Justice BP Katakey wanted the state government to frame an action plan within 15 days to stop illegal coal mining and transportation.
This was among the many recommendations placed before the High Court of Meghalaya by the committee.
Full text of recommendations below
(i)Framing of a comprehensive plan of action by the State Govt. for the entire State of Meghalaya, within a period of 15 (fifteen) days, to stop the illegal coal mining activities including transportation, which is of utmost necessity, indicating the roadmap to ensure stoppage of illegal coal mining activities in the State and implementation of the same in all the districts in the State having regard to the nature of illegal coal mining activities prevailing in each districts, as while in some districts both illegal coal mining and transportation are rampant, in some districts though there is no illegal coal mining activities presently but transportation of illegally mined coal [excluding transportation of re-assessed/re-verified inventoried coal auctioned by CIL and the seized coal auctioned pursuant to the direction issued by the competent Court of law under the provisions of the Mines and Minerals (Development and Regulations) Act, 1957 (MMDR Act)] occurs.
(ii) Making provision for identification of vulnerable areas, constitution of different units to be headed by a responsible officer, requirement and deployment of adequate manpower, submission of reports by head of such units to the Deputy Commissioners and the Superintendent of Police in regular intervals, for taking follow up action based on such reports, setting up of the check-gates and police Out Post etc, in such comprehensive action plan. The plan of action should also contain the provision for training of the officials/persons, to be involved in the said process, about the relevant provisions of the MMDR Act, relevant Rules and also the relevant Standard Operating Procedures framed by the Govt. of Meghalaya, as well as the instructions already issued/to be issued by the Government from time to time in that regard, without the knowledge of which the concerned officials/persons are not expected to perform their duties and responsibilities in the manner in which they are required to do so. Provision for fixation of responsibility on the officers/persons, in case of detection of any illegal coal mining activities, may also be incorporated in such comprehensive plan of action, as without making the officers/persons accountable, proper implementation of any plan of action may not be possible.
(iii) Immediate adoption of a policy by the Govt. of Meghalaya for closure of all the rat hole coal mine openings in the State and implementation of the same within a fixed time period. Till the mine closure plan is implemented, every single coal mine openings need to be fenced/protected by the State Govt. to rule out further loss of human life or livestock due to the accidental fall in such mine openings, to uphold the fundamental right of every person as guaranteed by Article 21 of the Constitution of India.
(iv) Issuance of Mineral Transport Challans by the DMR for transportation of the coal within 2 (two) working days of deposit of the entire bid value and furnishing the required information for issuance of such challans by the successful bidders henceforth.
(v) Issuance of Mineral Transport Challans in respect 23,903 MT coal subject to furnishing all required information for issuance of such challans, allowing transportation of the said quantity of coal by the successful bidders out of the designated depots immediately, as according to the Mining and Geology Department, Govt. of Meghalaya, entire bid value in respect of the said quantity has been deposited by the successful bidders of the auction held on 28/04/2026.
(vi) Physical verification of all the depots designated by the CIL for storage of re-assessed/re-verified inventoried coal, by the DMR to find out the actual quantity of such coal, if any, available in every such CIL designated depot.
(vii) Handing over of possession of the CIL designated depots in which no coal is presently stored, to the land owners, if such depots are not required for storage of the coal, so as to avoid payment of any rent to the land owners of such unutilized depots.
(viii) Identification and submission of appropriate proposals by the State Govt. on top priority basis, to the Oversight Committee constituted by the NGT, for utilization of the remaining amount of Rs. 74,02,05,147/- out of Rs. 100 Crore in deposit with CPCB and Rs. 354,52,67,325/- in deposit in MEPRF, on top priority basis, so that the amount earmarked for the purpose could be utilized for the benefit of the people of the State of Meghalaya, which so far has not been able to do by the State Govt. despite expiry of several years from such deposit.
(ix) Visit of all the coke factories in South West Khasi Hills District by the District Civil and Police Administration for verification of the documents and records relating to the source of coal and the quantity of coke produced by each of such factories at least w.e.f 01/01/2026 and submission of detailed report, on or before 10/06/2026, indicating the month wise quantity of coke produced and the quantity of coal utilized for the quantity of coke produced and also the source from which the coal has been procured. In case any discrepancy is found, the period for enquiry may be extended from 01/04/2024.
(x) Continuance of audit of source of coal of Coke Oven Plants, Ferro Alloy Plants and Cement Companies in the State to identify and prevent use of coal procured from illegal source and to ensure payment of all duties and taxes including GST payable to the State Government.
(xi) Urgent completion of the investigation into Khliehriat PS Case No. 106(3)2026, registered on the basis of the motor vehicular accident occurred on 04/03/2026 at Byndihati village, East Jaintia Hills District involving the truck bearing registration No. ML-11-A-1473, resulting in the death of a lady and also injuries to a number of persons, and submission of the required report in the appropriate Court of law under the provisions of Bharatiya Nagarik Surakshak Sanhita, 2023, so that the guilty person(s) is/are dealt with in accordance with law so as to send the message of dealing with the violators of law with firm hand.
(xii) Immediate submission of response by the DMR to the notices issued by the Investigating Officer of Khliehriat PS Case No. 106(3)2026 under Section 94 BNSS, without waiting for the response to the show cause notice dated 15/05/2026 issued to M/S Star Cement Meghalaya Ltd.
(xiii) Immediate identification of the dead body found in the abandoned coal mine pit, in respect of which Saipung PS UD Case No. 01/2026 has been registered, and payment of adequately compensated to the next of kin of that person under public Law remedy for the failure of the State Govt. to protect the fundamental rights of that person as guaranteed by Article 21 of the Constitution of India.
(xiv) Payment of 50% of the compensation payable for the death of Mosaid Ali to his widow in the bank account standing in her name, subject to submission of all required information and documents and payment of the remaining 50% to the children of Late Mosaid Ali in equal proportion, if there are more than one, in the respective bank accounts standing in their names and subject to production of all the required information and documents.
(xv) Immediate initiation of the exercise by the Mining and Geology Department to find out about transportation of coal by M/S Star Cement Limited in violation of SoP, 2024, and taking appropriate action, as the Mining and Geology Department of Govt. of Meghalaya though earlier reveals submission of two applications, one by M/S Star Cement Meghalaya Limited and the other by M/S Star Cement Limited, both dated 08/04/2025, seeking approval for transportation of 28375 MT and 52670 MT coal per month by those two companies, respectively, from outside the State to the State of Meghalaya between 01/04/2025 and 31/03/2026, as observed by the Committee in its 37th Interim Report dated 10/04/2026, show-cause notice dated 15/05/2026 has been issued only to M/S Star Cement Meghalaya Limited.
Date: 29/05/2026
(Brojendra Prasad Katakey)
Former Judge Gauhati High Court
