Shillong, Dec 12: The 19th interim report of retired Judge BP Katakey has reiterated illegal coal mining and transportation in East Jaintia Hills.
“The presence of fresh tyre marks of heavy vehicle, which is an admitted position of fact, coupled with the stand of the Deputy Commissioner about the possibility of transportation of fresh coal to that area, established fresh transportation of illegally mined coal to and from the coal dumps found behind Don Bosco College, Byndihati”, the report said.
After the single member committee headed by Katakey appointed by the High Court submitted the 18th interim report together with photographs to the court regarding the presence of freshly mined coal in and around Don Bosco College, Byndihati, a meeting was convened by Katakey on December 8 in Shillong.
During the meeting, the stand of the deputy commissioner was that the 4800 MT coal found in and around Byndihati was part of inventory made in 2018.
However, Katakey observed that availability of coal dumps behind Don Bosco College, Byndihati is not in dispute.
“The Deputy Commissioner, East Jaintia Hills District has taken the stand that the coal found behind the college being part of already inventoried coal, it is not illegal. The Deputy Commissioner has also taken the stand that the possibility of mixing of some fresh coal with the old stock cannot be ruled out. During the interactive meeting held on 08/12/2023, the Deputy Commissioner, East Jaintia Hills District has, however stated that there was no transportation of coal stock to the designated depot pursuant to the transit passes issued for transportation of the inventoried coal, though in the written report dated 24/11/2023 he had taken the stand that the presence of fresh tyre marks is due to the transportation of such coal to the designated depot pursuant to the transit passes issued. “The presence of fresh tyre marks of heavy vehicle, which is an admitted position of fact, coupled with the stand of the Deputy Commissioner about the possibility of transportation of fresh coal to that area, established fresh transportation of illegally mined coal to and from the coal dumps found behind Don Bosco College, Byndihati”, the report said.
After the ban on rat-hole coal mining, the first Khropha commitee in 2014 did not see any coal on ground against the quantity of 5000 MT declared by the owner Mul Sympli. In the column of assessed quantity by the committee it had been stated that there is no coal available.
Katakey observed that surprisingly, based on an application filed by Mul Sympli and others in 2018, a fresh exercise was carried out by the then Deputy Commissioner of East Jaintia Hills District in 2018 about the existence of coal extracted prior to imposition of ban in the year 2014 by the NGT, wherein it was found that Mul Sympli had 4800 MT against his declared quantity of 5000 MT against the coordinates N 25.33249, E 92.373775. File number of the process of re-assessment was given as 12. No plausible explanation could be given as to how and in what manner the then Deputy Commissioner could assess the quantity of coal belonging to Mul Sympli, stated to be extracted prior to the imposition of ban by NGT in the year 2014, after 4 years i.e in the year 2018. Nothing could also be placed on record whether any attempt was made to find out whether the said quantity of coal (4800 MT) was freshly extracted after imposition of ban in the year 2014 and prior to filing of the application for re-assessment by Mul Sympli in the year 2018 and dumped in that area, Katakey said.
On the basis of such fresh assessment, an additional affidavit dated 06/04/2019 was filed by the State of Meghalaya in Civil Appeal No. 10720 of 2018 (State of Meghalaya –Vs- All Dimasa Student Union and Others) and batch giving details of the assessment made in the State stating inter-alia about the availability of 32,56,715 MT of extracted coal stocks. In the assessment the name of Mul Sympli also appears with the extracted quantity of 4800 MT
Katakey in his report pointed out that Supreme Court in Para 186 of the judgment and order dated 03/07/2019 passed in Civil Appeal No. 10720 of 2018 and batch, having accepted the suggestion of the amicus curie directed auction of the entire extracted coal lying at various places by Coal India Limited, making the state as the receiver cum custodian of the coal.
“In view of said position, the quantity of coal belonging to Sri Mul Sympli, which was found to be 4800 MT in the year 2018, also needs to be put to auction by the Coal India Limited, of which the State Govt. is the receiver and the custodian, provided the said coal still exists in the coordinates mentioned in the subsequent assessment made in the year 2018”, the report said.
Katakey said the contention of the Deputy Commissioner that the coal found behind Don Bosco College is the sane inventoried coal in 2018, is not acceptable for the following reasons :
“The coordinates Latitude: 25.318142 and Longitude: 92.269927 mentioned by the Addl. Deputy Commissioner, East Jaintia Hills District in the FIR dated 07/11/2023, which was registered as Khliehriat PS Case No. 87(11)23, do not tally with the coordinates mentioned in the inventory prepared by the then Deputy Commissioner, East Jaintia Hills District in the year 2018, which is N 25.33249, E 92.373775. Moreover, the I/O of Khliehriat PS Case No. 87(11)23 by his communication dated 21/11/2023 has also informed the Deputy Commissioner, East Jaintia Hills District that during investigation it is found that the coal dumps as per the coordinates mentioned in the said FIR are not matching during the physical inspection of the coal dumps found behind Don Bosco College and the correct coordinates in respect of the said coal dumps, during investigation, are found as Latitude: 25.3326445 and Longitude: 92.3734301.
The coordinates of the said coal dumps found by the I/O also does not tally with the coordinates N 25.33249, E 92.373775 mentioned by the Deputy Commissioner in his communication dated 21/11/2023 to the I/O of Khleihriat PS Case No. 87(11)23.
The coordinate, as recorded in the subsequently prepared inventory list in the year 2018 and the coordinate found by the I/O during investigation in 2023, are different and hence the coal now found behind Don Bosco College cannot be the coal which was subsequently inventoried in the year 2018 and stated to be of Mul Sympli.
The coal found behind Don Bosco College, during the field visit on 07/11/2023, being bright and shining, the said coal also cannot be the coal subsequently inventoried in the year 2018, the report said.
Other observations by Katakey
Coal Dumps found by the side of Don Bosco College, Byndihati :
The presence of coal dumps by the side of Don Bosco College, Byndihati is an accepted position. The Deputy Commissioner, East Jaintia Hills District in his report has though dealt with the coal dumps found behind Don Bosco College, the said report does not deal with the coal dumps found by the side of the Don Bosco College, Byndihati as well as two other coal dumps found in Byndihati area and by the side of the National Highway, out of which in one coal dump there is a display board relating to the seizure of the coal found in one area. The FIR lodged by the Addl. Deputy Commissioner, East Jaintia Hills District, on 07/11/2023 has also not mentioned about the availability of said coal dumps by the side and near Don Bosco College, Byndihati. The Deputy Commissioner, East Jaintia Hills District, during the interactive meeting held on 08/12/2023 informed the Committee that he will visit the area on Monday i.e 11/12/2023 and submit a report to the Committee on such visit, immediately thereafter.
Investigation into Khliehriat PS Case No. 87(11)2023 :
It appears from the materials made available by the Asstt. Inspector General of Police (A), Meghalaya vide his communication dated 07/12/2023 that investigation into the said PS case is pending, which was registered on the basis of the FIR lodged by the Addl. Deputy Commissioner, East Jaintia Hills District on 07/11/2023, in respect of the coal found behind the Don Bosco College, Byndihati and not in respect of the coal found by the side of the said college as well as two other coal dumps found by the side of national highway in Byndihati area. The investigation into the said PS case needs to be expedited under the supervision of a senior gazetted police officer.
No reason could be cited for not lodging any first information report in respect of the coal found by the side of Don Bosco College, Byndihati as well as other two coal dumps found by the side of the national highway in Byndihati area. The Deputy Commissioner and the Superintendent of Police, East Jaintia Hills District are advised to look into the said aspect of the matter and to do the needful in accordance with law at the earliest.
Re: Illegal transportation of coal :
The fresh tyre marks of heavy vehicle observed during the field visit conducted on 07/11/2023, in and near the coal dumps found behind Don Bosco College, Byndihati, existence of which is admitted, indicate transportation of illegally mined coal to that area, as the Deputy Commissioner has accepted that there is no transportation of any coal pursuant to the transit passes issued.
Re: Presence of active mines in Byndihati area :
The Committee though during the field visit conducted on 07/11/2023 found presence of active mines in the interior area of Byndihati, the Executive Magistrate, East Jaintia Hills District in his report dated 08/11/2023 has denied existence of any active mine. The Executive Magistrate, however, in the said report has admitted existence of temporary huts alongside the cranes, which itself establish continued operation. The report also does not reveal as to whether the cranes found near the mines have been seized, if not the reason therefore, though the NGT earlier directed seizure of all equipment/ machineries used for rat hole mining and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 requires such an action.
Re: Construction of weighbridge behind Don Bosco College, Byndihati :
The further construction of the weighbridge, which was found behind the Don Bosco College, Byndihati, as informed by the Deputy Commissioner, East Jaintia Hills District, has been stopped and enquiry initiated into the setting up of the said weighbridge is yet to be completed. The Deputy Commissioner has been advised to submit the report of the enquiry within a week.
