Shillong, Feb 11: The 27th report of the court-appointed coal committee headed by retired justice BP Katakey wanted the police to monitor drone survey to check illegal mining of coal and submit reports to the government regularly.
The SPs have been asked to identify areas for drone survey as there are difficult terrains.
Katakey wanted a dedicated team of officers headed by an officer not below the rank of Deputy Superintendent Police to monitor drone survey.
The High Court of Meghalaya took up the 27th report during the hearing on February 10.
The court also referred to 26th report and wanted the government to act on both the reports.
The state is supposed to file a status report.
Summary of Recommendations of Katakey panel
Auction of coal
(I) Immediate initiation of the process for auction of the entire available
quantity of re-assessed/re-verified inventoried coal, including the quantity of
coal to be put up for re-auction after forfeiture of security deposit and initial
bid money deposited by the successful auction purchasers due to their
failure either to pay the balance bid value and / or to lift the auction purchase coal from the CIL depot, so that the entire process of the auction of re-assessed/re-verified inventoried coal, in terms of the directions issued
by the Hon’ble Supreme Court, could be completed immediately;
No extension to lift coal
(II) not to grant any further extension of time either to deposit the balance bid
value or to lift the purchased coal from CIL depot or both to any of the
auction purchasers without first realization of up-to-date demurrage charges
due;
(III) to take immediate steps for realization of unpaid demurrage charges from
the successful auction purchasers;
(IV) to forfeit the earnest money deposit and part bid value, if paid, of the
successful auction purchasers who have not granted extension of time to
deposit the balance bid amount and / or to lift the coal from the CIL
designated depot within the time allowed and to put such coal for reauction by CIL;
(V) to forfeit the earnest money and part bid value, if paid, of the successful
auction purchasers who have not paid the entire demurrage charges and to
put such coal for re-auction by the CIL;
(VI) (i) conducting proper drone surveillance in all the districts of State of
Meghalaya for the purpose of effectively checking the illegal coal mining
activities, as there are difficult terrains and certain areas where illegal coal
mining activities generally occur are not easily accessible, for which use of
drone for such surveillance needs to be maximized and made effective by :
(a) identification of the areas in each districts in the State of Meghalaya, by
the concerned Superintendents of Police, within a week, where illegal
coal mining activities were earlier found to have done for conduct of video surveillance;
(b)to constitute immediately a dedicated team of officers headed by an officer not below the rank of Deputy Superintendent Police and
consisting police personnel who have already been trained at the Police
Head Quarters, Shillong, by the Superintendents of Police and to issue
necessary direction whenever required for conduct of drone surveillance, prioritising the area of surveillance based on the earlier illegal coal mining activities and also the inputs that may be received and making the police officer heading the committee responsible of such drone surveillance and maintenance of the video footage for 6(six) months, recorded during such drone surveillance; (c) submission of weekly report of such drone surveillance by the officer heading the team to the respective Superintendents of Police indicating the number of sorties made, locality /area covered, outcome of such surveillance and the police station case registered as well as the action taken thereon; (d) conduct of surveillance by the aforesaid team constituted by the Superintendent of Police in each identified areas under each police station of the district; (e) submission of fortnightly report by the Superintendents of Police of the concerned districts to the Director General of Police, Meghalaya on the said drone surveillance along with the certification of conduct of such drone surveillance properly and also his view on such surveillance;(f) issuance of necessary direction by the Director General of Police, Meghalaya or any officer authorized by him, not below the rank of Inspector General of Police to the Superintendents of Police from time to time and whenever necessary to maximize the use of drone surveillance and also to achieve the objectives for which Drone Control Rooms are set-up; (g) submission of report by the Director General of Police, Meghalaya or the officer authorized by him/her in this behalf, to the Chief Secretary to the Govt. of Meghalaya based on the aforesaid report and the views of the Superintendents of Police, and also containing his view on effectiveness of Drone Control Rooms, who either himself or by an officer not below the rank of Additional Chief Secretary, as authorized by him, may issue necessary directives for conduct of proper surveillance to achieve the objectives;
(ii) to ensure conduct of regular patrolling and to increase the frequency of the
same in all the areas by the Superintendents of Police of all the districts,
otherwise by drone surveillance. The Officer-in-Charge of all the Police
Stations of all the Districts shall submit fortnightly report to the concerned Superintendents of Police of the districts, who shall compile the same and issue necessary direction, whenever necessary. Such compilation shall be sent to the Police Head Quarters as well as to the Mining and Geology Department for taking appropriate follow up action.
The Superintendents of Police of the neighbouring districts shall coordinate with each other in this respect;
(VII) interpretation/recording the findings on the maps prepared based on the
aerial (UAV) survey conducted by MBDA and also to make the volumetric
assessment of coal found in the villages, with the help of the expert and to
submit the same within 15 (fifteen) days by the Mining and Geology
Department, Govt. of Meghalaya as well as MBDA. The assistance of the
North East Space Application Centre (NESAC), Umium, Meghalaya may also
be taken for necessary interpretation/ to record findings based on the
aforesaid aerial (UAV) survey maps provided by the MBDA;
(VIII) to ensure completion of the aerial survey by M/S Garuda UAV Soft Solution
Pvt. Ltd in East Jaintia Hills, West Jaintia Hills, South Garo Hills and West
Khasi Hills Districts as well as submission of the final report including volumetric assessment of the coal found during such aerial survey, on or before 28/02/2025, by the Mining and Geology Department, Govt. of
Meghalaya;
(IX) to take the following steps to protect the seized coal from disappearance
either because of the theft or otherwise and subject to the necessary
permission to be obtained from the concerned Courts :-
(a) immediate setting up of the centralized depots except in South
West Khasi Hills (which has only 34.75 MT in Ganibags);
(b) shifting of the entire coal seized under the provisions of MMDR Act,
1957 to the centralized depot urgently;
(X) to take up the matter relating to closure of existing coal mine openings and
implementation of project of restoration of mining effected areas in the
State on war footing, so as to ensure stoppage of illegal mining activities as
well to ensure stoppage of acid mined drainage (AMD) from the mine
openings which continue to pollute the environment as well as the nearby rivers and the streams and also to rule out the possibility of further extraction of coal from the existing mine pits;
(XI) setting up of the integrated smart check-gates in the aforementioned areas,
which is very much necessary for the purpose of curbing illegal mining
activities in the State, as most urgent and finalize the land over which such
check-gates are to be set-up;
(XII) immediate finalization of all the proposals by the Technical Committee as
well as by all other concerned authorities so that the amount of Rs. 100
Crore kept in deposit with the CPCB could be spent for the purpose for
which it has been kept;
(XIII) (a) to make serious efforts by the Govt. of Meghalaya for implementation of
various projects to provide alternative livelihood to the people affected
by mining activities, so that possibility of continued illegal mining
activities in the State could be avoided, as the coal miners may continue
to indulge illegal activities for earning their livelihood;
(b) immediate commencement of implementation of the approved projects
to provide alternative livelihood to the people effected by the mining
activities, having regard to the purpose for which such programs are
approved by the Oversight Committee;
(XIV) verifications of all the documents, in original and photocopies, required to
be produced as per SoP, 2024 by Katman P. Sangma, by the authority
under the said SoP and to take a fresh decision by the appropriate authority
in the matter of grant of approval for export of coal to Bangladesh or
otherwise, where after only transportation of coal should be allowed. In the
event of failure to produce all or any of the documents, as aforesaid, the
appropriate authorities shall take appropriate action under the provision of
MMDR Act, 1957 and the rules framed thereunder as well as the aforesaid
SoP notified;
(XV) submission of appropriate proposal for modification of the Revised
Comprehensive Plan for handing over of re-assessed/re-verified inventoried
coal to the CIL for auction, in the matter of the maximum time for which the
extension either for depositing the balance auction value or for extending
the time for transportation to the successful auction purchaser to be granted; forfeiture of not only the Earnest Money Deposit but also the part or the entire bid value deposited by a successful auction purchaser if either the entire bid value has not been paid or the successful bidders did not lift the coal within the period of time allowed for that purpose; forfeiture of the earnest money Deposit and whatever amount has been deposited, in case of failure to pay the demurrage charge and debarring extension of time to any of the successful auction purchases, in case they failed to pay the demurrage charge within the time allowed;
(XVI) submission of formal proposal by the Mining and Geology Department,
Govt. of Meghalaya for revision of SoP, 2024 by incorporation of two more
authorities, namely, officers of Transport Department and Police
Department, in addition to the officials of Mining and Geology Department,
Govt. of Meghalaya, who shall be responsible for verification of the
documents required to be produced by the concerned person at the entry
check-gate in the State of Meghalaya, so as to make the said SoP more
meaningful, effective and trustworthy;
(XVII)to complete the process of audit of source of coal within a month by the
coal audit committee constituted for that purpose.
Date :-07/02/2025
(Brojendra Prasad Katakey)
Former Judge
Gauhati High Court
