Order of the Supreme Court
1. Applications for permission to file civil appeals are allowed. Since the order passed by the National Green Tribunal (for short “the Tribunal”) is interim in nature, we are not inclined to interfere with the same in exercise of our jurisdiction under Article 136 of the Constitution of India.
2. The civil appeals are dismissed. However, we make it clear that it will be open to the appellants to move an application before the Tribunal for variation/modification/recalling of the interim order passed by it. We are informed that the next date before the Tribunal is 2-6-2014. It would be open to the appellants to make a request before the Tribunal for preponing the above date. No costs.
Impugned Order of the Tribunal
[Before Justice Dr P. Jyothimani and Justice M.S Nambiar, Judicial Members and Dr G.K Pandey, Prof. (Dr) P.C Mishra and Ranjan Chatterjee, Expert Members]
3. We have heard the learned counsel appearing for the applicant.
4. Considering the seriousness of the issue involved in this case, we are of the view that the Department of Mining represented through the Secretary of the State Government of Meghalaya as well as the Ministry of Coal, Government of India, New Delhi to be impleaded as party-Respondents 7 to 8. Accordingly, the said parties are impleaded as party-Respondents 7 to 8. The Registry to make necessary amendment in this regard. The applicant to file amended copy of the memo of parties.
5. Admit. Issue notice to the respondents including newly impleaded parties by registered post/acknowledgment due and dasti as well. Notice returnable by the next date of hearing.
6. The learned counsel appearing for the applicant who is representing All Dimasa Students Union and Dima Hazao District Committee has contended that this sort of rat hole mining operations have been in practice in Jaintia Hills of the State of Meghalaya for many years without being regulated by any law and extraction of coal has been made by unscrupulous elements in a most illegal and unscientific manner. It is also informed that there are umpteen number of cases where by virtue of rat hole mining, during the rainy season, water flooded into the mining areas resulting in death of many number of individuals including employees/workers. One cannot say that an illegal act having been done for many years must be directed and such act is to be perpetuated and illegality cannot give any cause of action or any right to individual.
7. The learned counsel for the applicant has also brought to the notice of this Tribunal the detailed report of Dr O.P Singh, Professor, Department Environment Studies, North-Eastern Hills University, Shillong, Meghalaya wherein he has discussed about the entire aspect of the coal mining in the State of Meghalaya. The learned Professor has stated while explaining about the coal mining in Jaintia Hills as follows:
“4.2.3 Coal mining in Jaintia Hills.—Extraction of coal has been taking place in all three regions, however, major production occurs in Jaintia Hills. The mining activity in Jaintia Hills is a small-scale venture controlled by individuals who own the land. Primitive mining method commonly known as ‘rat hole’ mining is in practice in Meghalaya. In this method the land is first cleared by cutting and removing the ground vegetation and then digging pits ranging from 5 to 100 sqm into the ground to reach the coal seam. Thereafter, tunnels are made into the seam sideways to extract the coal which is brought into the pit by using a conical basket or a wheelbarrow manually. Coal seams are reached by excavating the side edge of hill slopes and then coal is extracted through a horizontal tunnel. The coal from the tunnel or pit is taken out and dumped on nearby unmined area, from where it is carried to the larger dumping places near highways for its trade and transportation. Finally, the coal is carried by trucks to the larger dumping places near highways for its trade and transportation. Entire roadsides, in and around the mining areas, are used for piling of coal which is a major source of air, water and soil pollution. Off-road movement of trucks and other vehicles in the area causes further damage to the ecology of the area.
Every year new areas are brought under mining and area under coal mining in Jaintia Hills is increasing day by day as shown in Figure 4.5”
8. A reading of the said scientific study made by the learned Professor on the subject shows an alarming situation existing in the State of Meghalaya especially in Jaintia Hills wherein the rat hole mining has been in practice for a long time. We are of the considered view that such illegal and unscientific method can never be allowed in the interest of maintaining ecological balance of the country and safety of the employees. It is also brought to the notice of this Tribunal that by such illegal mining of coal neither the Government nor the people of the country are benefitted. It is only the coal mafias who are getting benefit by following this sort of illegal activities.
9. We are of the considered view that this act should be condemned and in any event such illegal activities are to be put to an end and the State of Meghalaya should come forward with an appropriate scheme and the statutory rules. Even though, in this application the applicant has restricted himself in respect of rat hole mining operations in Jaintia Hills of the State of Meghalaya, we are of the view that if in the entire State of Meghalaya such illegal and unscientific operations of rat hole mining are taking place, the same shall also be put to an end in the interest of people of the area and also people working in the mines for their safety as also for the protection of environment.
10. Accordingly, while admitting the application, we direct the Chief Secretary, Government of Meghalaya and the 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 this Tribunal. The Director General of Police, State of Meghalaya is also directed to report to this Tribunal about the compliance with the order by the next date of hearing. Stand over till 19-5-2014. The Registry to issue copy of this order by dasti.