Shillong High Court took one more step today to curb illegal mining by ordering the State Transport Secretary to personally look into the matter and devise a scheme to deal with the menace of illegal transport of coal and gypsum and other mineral resources to neighbouring Assam and Bangladesh and destroying the ecology and lives of the people of the state.
It may be recalled that earlier the Supreme Court in a judgment dated July 3, 2019 had slightly liberalized the National Green Tribunal Judgments dated 04.01.2019, 31.08.2018, 10.05.2016, 25.03.2015 and 17.04.2014 on rat hole mining and related subjects.
The Tribunal on 17.04.2014 had passed an order directing the Chief Secretary of Meghalaya, Director General of Police, State of Meghalaya to ensure that rat-hole mining/illegal mining is stopped forthwith throughout the State of Meghalaya and any illegal transport of coal shall not take place until further orders passed by the Tribunal.
The case in the Tribunal was transferred by the Gauhati High Court, who took the notice of death of certain numbers of rat hole miners in the state. The Gauhati High Court on the basis of a News item to the effect that on 06.07.2012, 30 coal labourers were trapped inside a coal mine at Nongalbibra in the District of South Garo Hill and 15 of them died inside the coal mine, registered PIL suo moto No.(SH) 3 of 2012.
The 2014 and subsequent orders of the Tribunal were contested by the State Government as well as 15 other State NGOs. NGOs basically represented the economic interests of State and District Autonomous Councils established under the special of the Indian Constitution.
The Supreme Court Orders are available at this link. In this order to preserve the ecology of Meghalaya, Hon’ble Supreme Court in its judgment dated 3.7.2019, has made the following decisions:
- The provisions of The Mines Act, 1952 are mandatorily to be followed before working a mine. The regulations namely Coal Mines Regulations, 2017 also contains several regulatory provisions which need to be followed while working a mine by a mining lease holder.
- The enforcement of Mines Act, 1952 and the Regulations, 2017 have to be ensured by the State in the public interest.
- As per statutory regime brought in force by notification dated 15.01.2016 issued under Environment (Protection) Act, 1986, environmental clearance is required for a project of coal for mining of any extent of area. While implementing statutory regime for carrying mining operations in the Hills Districts of the State of Meghalaya, the State of Meghalaya has to ensure compliance of not only MMDR Act, 1957 but Mines Act, 1952 as well as Environment (Protection) Act, 1986.
- In Hill Districts of State of Meghalaya for carrying coal mining operations in privately owned/community owned land, it is not the State Government which shall grant the mining lease under Chapter V of Rules, 1960, but it is the private owner/community owner of the land, who is also the owner of the mineral, who shall grant lease for mining of coal as per provisions of Chapter V of Rules, 1960 after obtaining previous approval of the Central Government through the State Government.
The Tribunal 2014 order available at this link apart from permitting already exploited coal, set up a Committee for finalising norms. It also said that:
- (IX) The Authorities will ensure that the trucks carrying or transporting coal are not overloaded at all. The transportation should be in a scientific way and the trucks should be fully covered to ensure that the coal dust does not pollute the area.
- (X) The State Government and all its authorities shall fix weighing machines at all exit points from Meghalaya, particularly towards Assam and Bangladesh. The Secretary, Transport, Government of Meghalaya will ensure strict compliance of the weight restrictions as per law.
The March 9, 2023 order of the Shillong High Court noted that “Across the State illegal coal mining continues unabated despite the State’s assurance to adhere to subsisting court and tribunal orders and representations to the contrary. Orders of the Court disbelieving the State on the basis of material available have cut no ice with the State”
Further, on transportation of coal / mineral through overloaded trucks on bad roads affected by insistent rains it said that” It is a sorry state of affairs that the executive which is tasked with the duty of protecting and preserving the assets of the State is complicit in the wanton plundering thereof. It will not do to merely have 23 weighbridges across the State, particularly since the State is used as a thoroughfare to reach several other States like Tripura, Mizoram and Manipur and even to the Barak Valley in Assam. Several of these roads, including some of the key roads or bypasses that lead to the southern North-East States, are in a pitiable state. Orders have been passed last week pertaining to the Jowai bypass on the highway that passes through the State through Khliehriat towards Silchar. The extent of the damage is primarily due to overloading of vehicles that the State seems to do little about.”
The Judgment
Finally it said that” A stricter set of norms needs to be prepared, both for checking and control, if only to stop the plundering of the bountiful of natural resources available and maintain the integrity of the roads, particularly since the roads are exposed to some of the heaviest rain anywhere in the world. The State Transport Secretary will personally look into the matter and devise a scheme to deal with the menace. The Transport Secretary may seek assistance of the Indian Institute of Management, Shillong to prepare a blueprint in such regard. However, the leave to seek external assistance should not be used as an excuse to indefinitely delay the matter. The Transport Secretary will report on the steps taken when the matter appears next three weeks hence.”
The Coram consisted of Hon’ble Mr. Justice Sanjib Banerjee, Chief Justice and Hon’ble Mr. Justice W. Diengdoh, Judge.
Mr Hass Kouao-Bilé, Principal Advisor to Senior Vice President, Africa Operations at Newmont Corporation proposed five solutions to curb illegal mining around the world (Link )
- Identify and protect areas most susceptible to illegal mining activities
- Tighten regulatory controls on mine closures
- Establish a task-force to crackdown on illegal mining and trafficking
- Monitor and regulate small-scale miners and
- Create alternative employment opportunities
On the last point the article says that “So that local inhabitants are not driven to engage in illegal mining practices, providing economic opportunities to rural communities is a solution that has a lasting impact. Growth in non-mining sectors of the economy create alternative employment opportunities in rural areas, and encourages the migration of labor out of illegal mining.”
For Meghalaya this means Central and State investments in local skills and trades like handicrafts, hotels and tourism, education, health, roads, railways and air connectivity.
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