LBER LALOO versus ALL DIMASA STUDENTS UNION HASAO DISTRICT COMMITTEE & ORS. on 10 May 2019

1. We have heard the batch of civil appeals and other matters on08.05.2019 and on which date, judgment has been reserved. At the timeof hearing of the civil appeals, learned counsel were also heard on severalI.A.s

2. We have heard learned counsel for the applicants, learnedcounsel for the State of Meghalaya, Shri Nidhesh Gupta, learned seniorcounsel appearing for the respondents and Amicus Curiae, Shri ColinGonsalves, learned senior counsel.

3. Several applications have been filed praying for directions fromthis Court as well as seeking impleadments in these matters. We are ofthe view that impleadments of the applicants is not necessary in these A

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Aproceedings. We, however, permit the applicants to intervene in thematter. All impleadment applications filed by different applicants aredisposed of accordingly.

4. Our order passed today is confined to various applicationsseeking directions. All the applications are not being finally disposed of,Bwhich final disposal of the applications shall await the final judgment inbatch of cases.

5. We proceed to consider the prayer of the applicants seekingcertain directions in these applications. These appeals have been filedagainst different orders passed by National Green Tribunal, PrincipalCBench, New Delhi. The Gauhati High Court had taken suo moto actionin which 15 young labourers died while in mining operations in the Stateof Meghalaya. The said suo moto writ petition was transferred to theNational Green Tribunal, which was registered as O.A. No.73 of 2014.In the original application, prayer was made for stoppage of illegal miningactivity in the State of Meghalaya particularly in the District of JaintiaDHill forthwith and for appointment of a committee to carry out theassessment of the impact of illegal mining and determination of thedamage to the environment.

6. The Tribunal vide order dated 17.04.2014 had directed theauthorities to ensure that rat hole mining and illegal mining be stoppedEforthwith in the State of Meghalaya and any illegal transport of coaldoes not take place. Tribunal after notice to the parties had constitutedCommittee to submit report and take other measures.

7. On request made on behalf of different applicants, NationalGreen Tribunal has permitted transportation of coal under certainFconditions. Against the various orders passed by the Tribunal, theseappeals have been filed and, in these appeals, also, this Court had passedvarious orders permitting transportation of coal under terms andconditions. For the present case, we need to notice only the order dated04.12.2018, by which, this Court passed following order:-G“Mr. Ranjan Mukherjee, learned counsel appearing for the Stateof Meghalaya states that 176655 metric tonnes of coal is to betransported.

We grant time for transportation of the coal up to 31.01.2019.

List the matters on 15.01.2019.

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Issue notice on I.A. No. 157090/2018 in C.A. No. 5272/2016.”

8. In pursuance of the order passed by this Court, transportationof coal started immediately after 04.12.2018. Time for transportation ofcoal was granted by this Court till 31.01.2019. In pursuance of the orderdated 04.12.2018, certain individuals and associations have obtainedtransportation challans for transporting the coal. An unfortunate incidenttook place in January, 2019, where large number of labourers died in rathole mining in State of Meghalaya, different I.A.s were filed before thisCourt and this Court on 15.01.2019 immediately directed for stoppageof transportation of coal. Following order was passed on 15.01.2019:- “I.A. Nos. 171572/2018, 5051/2019, 5055/2019 & 7845/2019

Issue notice.

Let replies be filed in these interlocutory applications includingI.A. No. 157090/2018 before the next date of hearing.

List on 19.02.2019.

Till the next date of hearing there would not be any transportationof any coal lying on the sites.”

9. The State Government also immediately in pursuance of theorder of this Court issued directions to ensure compliance of the orderof this Court. By order dated 18.01.2019, the State Government partiallymodified its order dated 15.01.2019, while it permitted transportation ofcoal with certain conditions, the order of the State of Meghalaya dated18.01.2019 is as follows:- “ORDERS

In partial modification to this department’s order No. MG.51/2018/25 dt. 15.01.2019, transportation of coal in the Stateof Meghalaya shall be permitted and regulated with immediateeffect as below: -

(i) The coal which had been loaded from the sites and intransit before the order of the Hon’ble Supreme Court dt.15.01.2019 and having valid documents.

(ii) The coal which has originated outside the State ofMeghalaya and being transported through the State ofMeghalaya for consumption by factories, generalhousehold or export etc.

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(iii) No challan to be issued for transportation of coal inMeghalaya after the order of Hon’ble Supreme Courtdt. 15.01.2019

All authorities concerned are hereby directed to ensurecompliance of the aforesaid directions so as to ensure compliance ofthe order of Hon’ble Supreme Court dt. 15.01.2019

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[T. Dkhar]

Commissioner & Secretary to theGovt. Of Meghalaya, Mining &Geology Department”

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10. Certain I.A.s were again filed before this Court seekingtransportation. One of the I.A.s, i.e. I.A. No. 13380 of 2019 was by anauction-purchaser, who after, obtaining auction-purchase sought fortransportation of the coal. This Court on 28.01.2019 rejected differentI.A.s and only allowed the application No.13380 of 2019 filed by anDauction-purchaser. Order dated 28.01.2019 is as follows:- “I.A. Nos. 13375/2019 and 14124/2019 in C.A. No. 5272/2016:

The apprehension of the applicants, as expressed in the prayerclause in these applications, were taken care of by the Governmentof Meghalaya with its Order dated 18.01.2019.

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Mr. Colin Gonsalves, learned Amicus Curiae, informs that afterthe order permitting the trucks to move out which has alreadybeen loaded with coal from the site and in transit before the Orderof this Court was passed on 15.01.2019, those trucks have beenallowed to carry the coal. Therefore, no further orders are requiredto be passed.

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The Interlocutory Applications are, accordingly, dismissed.

I.A. No. 13380/2019 in C.A. No. 5272/2016:

It is stated by the applicant that the applicant has purchasedcoal in auction from the Government. Naturally in suchcircumstances the applicant has to be allowed to transport thecoal. This application is allowed in terms of the prayer made inthe application.”

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11. The Government of Meghalaya again issued an order dated07.02.2019 clarifying its earlier order dated 18.01.2019. Variousassociations and individuals have thereafter submitted applications beforeState of Meghalaya and before this Court praying for permission totransport the coal. Learned counsel appearing for the State of Meghalayahas submitted copy of a report submitted by Shri B.P. Katakey, FormerJudge, Gauhati High Court dated 31.03.2019, which Committee wasappointed by the National Green Tribunal by its order dated 31.08.2018.Learned counsel for the State submits that the Committee in the saidreport dated 31.03.2019 has dealt with transportation of coal in Para O.It is relevant to extract Para O of the report, which is to the followingeffect:- “O. Coal mining activities including transportation ofcoal.

The Hon’ble Supreme Court, vide its order dated 04.12.2018,initially allowed transportation of coal up-to 31.03.2019, on thebasis of the submission made by the learned counsel appearingfor the State of Meghalaya that 1,76,655 MTs of coal is availablefor transportation. The Hon’ble Supreme Court, however, bysubsequent order dated 15.01.2019, directed that there wouldnot be any transportation of any coal lying on the sites. In theorder dated 19.02.2019, the Hon’ble Supreme Court has noticedfiling of various interlocutory applications for allowingtransportation of already mined coal. The Committee has beeninformed by the Commissioner & Secretary to the Governmentof Meghalaya, Mining & Geology Department that the orderdated 15.01.2019 passed by the Hon’ble Supreme Court is stillin force. The Committee, having regard to the aforesaid orderspassed by the Hon’ble Supreme Court, directed the Mining &Geology Department of the Government of Meghalaya tosubmit a report about the quantity of coal for which challansfor transportation has been issued between 04.12.2018 to15.01.2019 and the quantity of coal already transported fromthe State of Meghalaya. The Commissioner & Secretary tothe Government of Meghalaya, Mining & Geology Departmenthas apprised the Committee that challans for transportation of1,69,149 MTs of coal have been issued, pursuant to which A

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94,099 MTs of coal have been transported out of the State ofMeghalaya between 04.12.2018 to 15.01.2019, leaving 75,050MTs of Coal still to be transported, in respect of which thechallans have already been issued.

The Committee has also directed the Deputy Commissionerof East Jaintia Hills District to submit a report on a news itemtitled “Four died as coal laden truck capsized in EJH” appearedin the Shillong Edition of a local daily, namely, “Shillong Times”,in its publication dated 12.03.2019.

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The Deputy Commissioner has submitted a report datedC20.03.2019 before the Committee in its proceeding dated25.03.2019 admitting that an accident has occurred on11.03.2019 involving a truck carrying coal and in that accident,4(four) persons died and 4(four) persons received injuries.From the aforesaid admitted position, it is, therefore, evidentthat despite the order passed by the Hon’ble Supreme CourtDprohibiting transportation of coal, such transportation is goingon which has not been stopped by the authorities for the reasonsbest known to them. As reported in various newspapers, illegalcoal mining activities are also going on despite the ban by theHon’ble NGT.”

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12. Learned counsel for the State submits that as per the aforesaidreport, about 176655 MTs of coal was still to be transported, with regardto which challans for transportation had already been issued. He furthersubmits that the report further noticed that there were about 75050 Mts.Of the coal for which challans for transportation had been issued, whichFquantity was included in 176655 MTs of coal, which was permitted to betransported by this Court on 04.12.2018. The learned counsel for theapplicants in support of different I.A.s made various submissions beforeus. Some of the applicants are those, who have obtained transportationchallans for transportation of coal in pursuance of the order dated04.12.2018 and their coal was included in the quantity of 176655 MTsGbut could not transport due to order dated 15.01.2019. There are otherapplicants, who submits that large quantity of coal has already beenassessed belonging to them by the State itself and respective DeputyCommissioner. Reference has also been made to the Technical CommitteeReport appointed by the State Government, which has carried out theassessment. There are other various applicants, where applicants are H

seeking transport of unassessed coal. It is submitted that all the applicantsare entitled for transportation. It is further contended that unless thetransportation of coal is not permitted in the ensuing rainy season thereshall be an adverse effect to the environment. It is submitted that largequantity of coal is lying in the open, which will cause environmentalpollution.

13. Learned Amicus Curiae and Shri Nidhesh Gupta had refutedthe submissions of the applicants. It is submitted that coal, which hasbeen sought to be now transported are all coal, which was illegally minedagainst the Mines and Minerals (Development and Regulation)Act, 1957. It is submitted that detailed submissions have already beenmade before this Court establishing the illegal mining of coal.

14. We, after having heard the counsel for the parties, are of theview that for the present, we only need to consider the applicants, whichare seeking transportation in reference to order of this Court dated04.12.2018. The Katakey Committee Report dated 31.03.2019 hasalready referred to the quantity, which was permitted to be transportedby order dated 04.12.2018. The report further noticed that in pursuanceof the order, challan for transport of coal was issued for 176655 MTs. inpursuance of which 94099 Mts. of coal has already been transportedand what is left to be transported was 75050 Mts. of coal. We noticethat time for transportation of coal by order dated 04.12.2018 was still31.01.2019 but due to an unfortunate incident, in which several labourersdied in the rat hole mining, this Court stopped the transport on 15.01.2019.We, thus, are of the view that at present, only permission, which can begranted for transportation is of 75050 Mts. of coal with regard to whichtransport challans have already been issued by the State of Meghalaya.We are conscious that if permission for transport of coal is granted bythis Court, there is grave danger of illegal mining. We notice that theban on mining has already been imposed by the National Green Tribunal,which order has not yet been interfered by this Court.

15. We, thus, permit the transportation of the coal of 75050 Mts.with regard to which transportation challans have already been issued.We are further of the view that for the said transportation of quantity of75050 Mts., the State of Meghalaya has to take necessary precautionthat under the guise of this permission, no other coal is transported ormined. The State of Meghalaya has to deliberate on the mechanism toensure that only those, who have transport challans after order of this A

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ACourt dated 04.12.2018 should be permitted to transport the coal out ofthe quantity of 75050 Mts. as noted by Kateky Committee. We furthermake it clear that while permitting transportation, the State authorityshould maintain the details of such transportation in different registersnoticing:

B(i)the information of the quantity of the coal,

(ii) the details of payments,

(iii) the person who is transporting the coal,

(iv) the person who is owner of the coal and C(v)details and date of verification certificate.These details are necessary to be noted, since we are yet to takea decision that what further liability can be imposed on such coal, whichis going to be transported under this order.

16. The State should take appropriate precaution while grantingDpermission for transportation and under the strength of this order, noother kind or category of coal shall be permitted to be transported. Stateshould entrust the duty to responsible officers of the State Governmentnot below the rank of Deputy Commissioner to ensure compliance ofthis order and conditions to be fixed by the State Government. We, thus,Eby this order dispose of applications seeking impleadment by permittingonly intervention. On the applications seeking directions, the orders asindicated above are passed, which applications shall await the finaldisposal of the applications alongwith the final decision of the case.

17. We direct the State of Meghalaya to finalise the mechanismFfor ensuring verification and transportation of coal as permitted abovewhich mechanism be finalised and publicised for the benefit of allconcerned and put in place within a week from today. The actualtransportation after due verification along with a verification certificateby an Officer not the rank below than the Deputy Commissioner bepermitted from 17[th] May, 2019 to 31[st] May, 2019 (15 days). After 31[st]GMay, 2019 no transportation shall be permitted.

Nidhi Jain

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