Shillong, Feb 7: The single-member court-appointed committee, Justice (retired) BP Katakey, had on January 27 this year wanted action against illegal coal mining activities.
The need to follow the directions of the Supreme Court and NGT was highlighted in the 35th interim. Report of Katakey submitted to the High Court of Meghalaya.
The court wanted a status report on the matter during the recent hearing.
Unedited 20 recommendations below
“Committee makes the following recommendations for kind consideration of this Hon’ble Court :
1. The East Jaintia Hills District being the most affected district in the State of
Meghalaya, in terms of the coal mining activities which has been held to be
illegal by the NGT as well as by the Hon’ble Supreme Court and which having
more than 22,000 rat-hole mine openings, as well as there being large scale
allegation of continued illegal coal mining activities in the said district, some
of which the Committee found to be correct, a pro-active steps to stop such
illegal coal mining activities need to be taken in the line of the recommendation made by the Committee in Paragraph 19(i) of the 34th Interim Report dated 25/11/2025.
2. Investigation into Khliehriat PS Case Nos. 25(5)/2025, 64/2025, 70(10)/2025, 03/2026 and 11/2026 needs to be expedited and completed to its logical conclusion so that the concerned persons who are indulging in illegal coal mining activities could be brought to book expeditiously, otherwise mere registration of a police station case and continuance of investigation indefinitely without any positive result would be a futile exercise and the same would sent a wrong signal to the persons who are directly or indirectly involved in the illegal coal mining activities, including transporters, that no penal action is taken against the wrong doers.
3. Payment of adequate compensation to the legal heirs of Mosaid Ali, a resident of Hojai District, Assam, who died in the coal mining activities occurred on 14/01/2026 in Thangsko under Khliehriat Police Station of East Jaintia Hills District, in respect of which incident Khliehriat PS Case No. 11/2026 has been registered.
4. The Deputy Commissioner, East Jaintia Hills District, pursuant to the communication dated 07/01/2026 issued by the Mining and Geology Department, Govt. of Meghalaya, to redraw its action plan by carrying out the necessary modification of the decision taken in the aforesaid meeting of the concerned officers held on 11/12/2025 and by identifying the officers who shall be responsible for due implementation of the directions contained in the aforesaid communication dated 07/01/2026 and making them personally liable for any illegal coal mining activities that may occur within their respective jurisdiction.
5. The recommendation made by the Committee in Paragraph 19(i) of the summary of recommendation in its 34th Interim Report dated 25/11/2025 along with the recommendation (a) to ensure cutting off the link of supply for transportation of illegal coal; (b) to identify vulnerable areas, especially areas which are difficult to access and to use drone-based monitoring; (c) to shift 2 (two) more drones by the Police Headquarter to East Jaintia Hills District, the said district being more vulnerable and also being the district with most production; (d) to designate an Additional/Assistant Superintendent of Police, East Jaintia Hills District by the Superintendent of Police, East Jaintia Hills District, for monitoring of the drones and to maintain records and study the report of such exercise, and if any discrepancy is found, to take immediate necessary follow up action with intimation to the Superintendent of Police; (e) to ensure payment of monthly P.O.L bills of thevconcerned Executive Magistrates of the respective districts who are engaged in different areas for checking of illegal mining activities, by the State Government; (f) to positively consider the proposal submitted by
Superintendent of Police, East Jaintia Hills District through Police Headquarter, by the State Govt., regarding deployment of additional HomebGuards for which approval is still awaited; and (g) to submit a monthly detailed report including the action taken to stop illegal coal mining activitiesbas well as the action taken as per law wherever illegal coal mining activities are found, to the Chief Secretary, Government of Meghalaya, need to be
implemented in all the districts of the State of Meghalaya so that no illegal
coal mining activities occur or no transportation of illegally mined coal or
illegal transportation of re-assessed/re-verified inventoried coal and legally
mined coal, take place.
6. To conduct of auction of re-assessed/re-verified inventoried coal every 3 (three) months. The next auction should be conducted in the month of April, 2026, before which the process of depositing the entire bid value and lifting
of the entire auctioned coal need to be completed.
7. Entire quantity of 1,55,390.6 MT illegally mine coal, out of 1,92,840.13 MT
illegally mined coal found by M/S Garuda UAV in the aerial survey conducted,
needs to be transported immediately to the designated depots of the respective districts, so that the quantity of such coal is not further decreased due to theft etc., which thereafter need be sold in auction after obtaining necessary order(s) from the competent Court of law.
8. First Information Reports relating to the missing quantity of 37,449.53 MT
illegally mined coal, out of 1,92,840.13 MT found by M/S Garuda UAV in the
aerial survey conducted, need to be lodged in the respective police stations
immediately, if not already done and to ensure expeditiously completion of
investigation and punishment of the persons involved in such illegal coal
mining activities, which is necessary for sending the message to all
concerned that illegal mining activities are not tolerated.
9. Rs. 100 Crore, except the amount already sanctioned, having lying unutilized with the CPCB for a considerable period of time for non-submission of adequate and appropriate proposals by the concerned departments of Govt. of Meghalaya, the Committee suggested convening a meeting by the Secretary, Mining and Geology Department, Govt. of Meghalaya with all the concerned departments of the Govt. within one week, for the purpose of expediting submission of the appropriate proposals and also to appoint the Nodal Officers of the Department of Mining and Geology, of other concerned departments as well as of the Deputy Commissioners of the concerned districts, for co-ordination and to facilitate urgent submission of the proposals for utilization of the aforesaid un-utilized amount, for the purpose for which the said amount is earmarked, so as to benefit of the people of the State, after obtaining necessary approval from the Oversight Committee constituted by the NGT. A status report in that respect needs to be submitted to the Committee on or before 28/02/2026.
10. The Secretary, Mining and Geology Department, Govt. of Meghalaya to ensure proper implementation of the projects and utilization of fund sanction out of Rs. 100 Crore in deposit with the CPCB, by making the concerned implementing agencies responsible for that purpose. A status report in that regard also needs to be submitted to the Committee on or before 28/02/2026.
11. Immediate consideration for release of the fund by the Secretary, Mining and Geology Department, Govt. of Meghalaya strictly in terms of the approval granted by the Oversight Committee constituted by the NGT. The Committee also recommends proper implementation of the projects and utilization of fund sanctioned out of MEPRF by making the concerned implementing agencies responsible for that purpose. A status report in that regard may be submitted on or before 28/02/2026.
12. The Secretary, Mining and Geology Department, Govt. of Meghalaya needs to ensure submission of further proposals for alternative livelihood program in coal mining affected areas by the Deputy Commissioners of the concerned districts, so that the fund earmarked for that purpose out of the MEPRF could be utilized. The Secretary, Mining and Geology Department, Govt. of Meghalaya shall within a week from now organize a meeting with all the Deputy Commissioners of all the concerned districts as well as with the Directorate of Mineral Resources (DMR), Govt. of Meghalaya for expediting the submission of proposals for alternative livelihood program. A status report in that respect may be submitted to the Committee on or before 28/02/2026.
13. The proposals for treatment and closure of Acid Mine Drainage in 3 villages and for transformation of coal mining area in Sutnga village into a tourism destination, having required to be submitted to the Mining and Geology Department, Govt. of Meghalaya, the said proposals may be considered by the said department and subject to its decision, may be sent to the Oversight Committee for necessary consideration, as spending of any amount from MEPRF needs approval of the Oversight Committee constituted by the NGT.
14. Taking appropriate action by the MSPCB so as to ensure that no coal based industries or depots are in operation without valid CTE and CTO for which regular field inspection need to be conducted.
15. Expeditious completion of the audit of source of coal of Coke Oven Plants, Ferro Alloy Plants and Captive Power Pants of the cement companies and to recover the amount found to be recoverable. A compliance report in that regard may be submitted on 28/02/2026.
16. Immediate recovery of the balance amount of demurrage charges as per the details furnished by the Secretary, Mining and Geology Department, Govt. of Meghalaya during the meeting held on 16/01/2026, from the defaulting successful bidders along with further amount found to be due and payable from the successful bidders as demurrage charge.
17. The Directorate of Mineral Resources to provide necessary inputs to the Coordinator, Project Mining Area reclamation, Shri N. Bhattacharjee within 10 (ten) days, so that the same can be forwarded to CMPDIL to enable them to submit the final DPR by end of January, 2026.
18. All the Deputy Commissioners concerned shall submit alternative proposals for mine closure, actively involving Village Headman and general public, containing therein the estimated cost, to the Secretary, Mining and Geology Department, Govt. of Meghalaya within 30 days.
19. There being allegations of transportation of illegally mined coal by the trucks, which are alleged to be mostly overloaded and some of which allegedly do not have any registration number plates, DMR check-gates, on the roads between Nongalbibra-Dainadubi and Nongalbibra-Gasuapara, distance between which is almost 80 kilometres, need to be installed, as for that long stretch of road there is no check-gates. Installation of such checkgates would be a steps towards curbing the illegal coal mining activities in the State and transportation of illegally mined coal to the neighbouring country via Gasuapara LCS and the neighbouring State via Dainadubi checkpost.
Date :- 27/01/2026,
(Brojendra Prasad Katakey)
Former Judge
Gauhati High Court
