Shillong, Dec 8: The High Court of Meghalaya wanted the state to ascertain the source of coal used in coke oven and ferro alloy plants.
During the hearing of a PIL filed by Shailendra Kumar Sharma, the court said on Thursday that the order passed by the court on the matter on December 7 had noticed that there were several coke oven and ferro alloy plants in operation without the source of coal obtained by such plants being indicated or otherwise available.
“The state has been called upon to ascertain the source of coal used by such coke oven plants and ferro alloy plants so that the rampant illegal coal-mining that continues in the state and continues to be reported in the press is arrested”, the court said.
It observed that the order passed by the NGT on July 8 this year called upon the state to take appropriate action to frame an action plan regarding the offending coke oven units established prior to December 23, 2020 to make them compliant of the siting norms laid down in the notification dated December 23, 2020.
‘Breach in action plan against coke plants’
The order of the NGT was clear in indicating that “such action plan and its implementation shall be carried out within a period of four months.”, the court said, adding that the state is in breach as the action plan was prepared beyond the period of four months and its implementation is expected to
be completed, if at all, by December 22 without seeking any extension of time or leave from the NGT.
Environmental compensation
The further direction contained in the NGT order of July 8, 2022 requires the state to recover environmental compensation “according to procedure established by law.”
“It is hoped that the state takes appropriate
steps in such regard. The State Pollution Control Board should also maintain a strict vigil to ensure that the environmental norms are not violated and, if violated, immediate appropriate action is taken”, the court said.
In the suo motu proceedings instituted by the court pertaining to illegal coal-mining in the state and the failure by the state to comply with the directions issued by the NGT and the Supreme Court pertaining to coal-mining in the state, it was noticed that in addition to the quantum of previously illegally mined coal that had been seized, a large amount of coal was available. Since the additional amount of coal has obviously been mined illegally as no licence in such regard has yet been issued by the state, the state has been called upon to take appropriate steps for disposal of both the previously illegally mined coal and the illegally mined coal subsequent to 2016 or thereabouts.
No licence for coal mining
The court said there is no prohibition on the mining of coal as long as it is done in accordance with law. However, it is the clear stand of the state that no licence for mining coal has yet been issued though applications in such regard have been forwarded to the relevant ministry of the union and such applications are in the process of being vetted.
Advocate General submitted that a civil appeal has been carried to the Supreme Court from the NGT order of July 8, 2022. Notice has been issued on the prayer for stay of the operation of the order made before the Supreme Court. The matter is due to appear on December 12.
“However, there does not appear to be any stay in operation at the moment. Let this matter appear six weeks hence”, the court said.
The next hearing will be held on February 27.
