The Full Judges Bench of the Meghalaya High Court, comprising Chief Justice Sanjib Banerjee, Justice H. S. Thangkhiew and Justice W. Diengdoh in the case of Shailendra Kumar Sharma vs. State of Meghalaya has raised concerns about the continued illegal mining and transportation of coal in the state, despite the orders issued by the National Green Tribunal (NGT) and the Supreme Court.
The Court in its previous order had also raised the same concern. The learned Additional Advocate-General emphasised that 57 illegally operating coke plants have been shut down and steps are being taken against the rest who cannot indicate permission to operate or explain the source of obtaining coal for their operations.
The Bench expounded that despite the State and its Chief Secretary being tasked with the obligation to ensure that illegal coal mines did not operate, the industry boomed till suo motu cognisance was taken of the matter by this Court and some form of regulation or control may now be in place. It took public spirited citizens to bring to the notice of this Court that illegal coke plants had mushroomed all over the place without either the State making any effort to ascertain the source of coal used thereat or to check whether such plants had permission to operate.
The Court also showed its disagreements with the State’s effort and observed that as to the kingpins, who had obviously been nurtured and protected by the State to run such illegal industry, the State has done absolutely nothing and now announced with a lot of fanfare the imminent commencement of scientific coal mining.
The Court further held that these are matters of serious concern. Despite repeated orders of this Court, the State has cared little to check the menace, though the State was always encouraged by the Court to ensure that scientific coal mining was started so that the cottage industry of illegal mining of coal would be stopped.
The Court listed the matter on June 8, 2023 and directed the State to indicate the persons behind the illegal coke plants that had been set up and the steps taken in accordance with law to bring them to book.
Case Details
Case:- PIL No. 9 of 2022
Petitioner:- Shailendra Kumar Sharma
Respondent:- State of Meghalaya
Judge: Chief Justice Sanjib Banerjee, Justice H. S. Thangkhiew and Justice W. Diengdoh
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