The Meghalaya High Court in the case Shailendra Kumar Sharma Vs State of Meghalaya & ors observed and has expressed hope that the State will take effective steps to identify kingpins of illegal coal mining and taking appropriate action in the matter.
The bench headed by Chief Justice Sanjib Banerjee and Justice H. S. Thangkhiew and Justice W. Diengdoh was hearing a Public Interest Litigation which is moved on the menace of an Illegal Coal Mining in the State.
However, Dr Mozika DSGI, invited the attention of the court to the fact that after the order have been passed by the court for shutting illegal coke plants, the real persons who have started the illegal operations may have been abandoned and most of the coke plants and the local persons or the workers and may have been taken over by their reduced operations and hence it has also been suggested that the identification of the kingpins should be undertaken for it if it is not being a difficult job, as they are being well known.
It has been submitted by the DGSI, the Advocate-General has been called upon by the State that the investigating agency to trace out the original operators and to bring them to book. Apparently, the penal provisions are said to have been incorporated in the original FIRs for facilitating such a process.
The bench observed after hearing Advocate General that if the real culprits are well known, the same would be expected to the State for taking appropriate action against them in accordance with law.
Further, it has been asked by the bench that Justice Katakey, who has been tasked for implementing the orders of Supreme Court and the National Green Tribunal with regards to tackle the menace of Illegal Coal Mining in the State to look into the aspect of as to what may be perceived to be “illegally operating coke plants”
The court while seeking assistance from Justice Katakey in order to ascertain as to what would constitute such Illegal Coke plants observed that would it be if such plants do not have any license or permission to operate or, even if such requisite license are not being possess by them, the source of coal is not legitimate, thus, both the aspects are of key importance.
It has also been prayed by the petitioner that this aspect of the matter be looked into by Justice Katakey, it has been agreed by the bench to the same and the petitioner was also given the liberty to approach Justice Katakey for a better clarity on the stated aspect of the matter.
Further, it has also been directed by the bench that any such matter wherein pertaining to illegally operating coke plants may be incorporated in the interim reports that are being filed regularly by Justice Katakey, wherein the suo motu proceedings are initiated.
Accordingly, the court listed the matter on 09.05.2023 for further consideration.
