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HC wants status report on detection of excess coal in East Jaintia Hills

Shillong, April 28: The  High Court of Meghalaya wanted a detailed status report on the  detection of excess coal in East Jaintia Hills.

While hearing a PIL, the court directed this  after the 28th interim report filed by Justice (Retd) BP Katakey Committee has revealed the detection of huge quantity of undocumented coal outside the CIL designated depots amounting to 1,92,840 tonnes, of which 1,80,299.48 has been detected in East Jaintia Hills.

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“Accordingly, let a copy of the 28th Interim Report be made over to the State respondents with a direction that a detailed status report be filed, especially on the aspect of detection of excess coal by the Garuda UAV, in East Jaintia Hills,” the bench comprising Justice HS Thangkhiew and Justice W Diengdoh said in the  order.

The bench has taken note that Meghalaya Basin Development Authority (MBDA), which has been tasked with the job of interpretation of aerial maps and to make volumetric assessment of coal in certain villages of South West Khasi Hills, and if necessary to take the assistance of the North East Space Application Centre, has not been done.

The court saidthe MBDA has not even cared to attend the meetings convened by the Committee, nor has it taken any steps to interpret the aerial (UAV) survey maps in the 6 villages in South West Khasi Hills, or generated any report thereupon.

The court  said the third aspect which needs urgent attention is regarding Mining Transport Challans (MTC) issued by the Directorate of Mineral Resources, wherein in two instances it has been detected that the issuance of the same is in violation of clause 10 (c) of the Revised Comprehensive Plan, 2022, as the name and address of the owner and driver of the vehicle and their mobile numbers and also the mobile number of the owner of the coal has not been mentioned, apart from the fact that the vehicles that were checked were carrying Mineral Transport Challans issued under the numbers of different vehicles .

On the request of the AG that the matters under the Specially Designated Courts with regard to coal ceased under Section 21 of the MMDA Act, be expedited, the bench has ordered accordingly and it is expected that the Special Courts dealing with the same dispose of the matters at the earliest.

“With regard to the other aspects before necessary orders are passed, let a fresh Status Report be filed within 4(four) weeks,” the court said.

The bench has also taken on board the status report to demonstrate the actions that the state respondents have taken with regard to the different aspects which have been flagged in the 27th report.

This includes the auction of left-over quantity of coal, recovery of unpaid demurrage charges, the action taken towards forfeiture of security and part bid amount, and the bid amount on account of non-lifting of auctioned coal.

It was also submitted that meetings have been conducted for amendment of the clauses in the Auction Policy 2022, as per the directions and orders of this court.

The report has also indicated the presence of 1,92,840.13 tonnes of coal  outside the CIL designated depot, thereby implying that the same has been illegally mined, and further speaks of disposal of coal seized under Section 21 of the MMDR Act.

The setting up of Smart Integrated Check Posts, which is a non-starter as per the report due to the unavailability of land, and action taken with regard to the closure of abandoned mines shafts, has also been touched upon.

The Status Report apart from the main areas has also addressed the issue of the Coal Audit Committee with regard to verification of records from DMR as to the consumption of coal and its source thereof, by the industries and also the applications for Scientific Coal Mining, as well as the other steps taken to curb illegal mining. It was submitted that active steps are being taken and though there might be incidents of illegal mining, the State Government is committed toward eradicating the same.

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