Case Note & Summary
The Supreme Court was hearing a batch of civil appeals and interlocutory applications arising from orders of the National Green Tribunal (NGT) concerning illegal coal mining in Meghalaya. The background involved a suo moto writ petition by the Gauhati High Court after 15 young labourers died in mining operations, which was transferred to the NGT. The NGT had directed stoppage of rat hole mining and illegal mining, and constituted a committee. Subsequently, the Supreme Court had permitted transportation of coal under certain conditions. On 04.12.2018, the Court allowed transportation of 1,76,655 metric tonnes of coal up to 31.01.2019. However, in January 2019, another incident of deaths in rat hole mining occurred, leading to the Court ordering a complete stop to transportation on 15.01.2019. The State Government partially modified this order on 18.01.2019, allowing transportation of coal already loaded and in transit before the Court's order, and coal originating outside the state. Various applications were filed seeking further permissions. The Court, on 28.01.2019, dismissed most applications but allowed an auction-purchaser to transport coal. The Court considered the report of the Katakey Committee, which indicated that challans for 1,69,149 MTs had been issued, 94,099 MTs transported, leaving 75,050 MTs pending. The Court disposed of the impleadment applications by permitting intervention, and directed that the final disposal of the applications would await the final judgment in the batch of cases. The Court allowed transportation of coal for which valid challans were issued between 04.12.2018 and 15.01.2019, subject to conditions imposed by the State Government and the Katakey Committee report.
Headnote
A) Environmental Law - Coal Mining - Rat Hole Mining - Transportation of Mined Coal - The Court considered applications for transportation of coal after an interim ban following deaths of labourers in rat hole mining. The Court allowed transportation of coal for which valid challans were issued between 04.12.2018 and 15.01.2019, subject to conditions imposed by the State Government and the Katakey Committee report. Held that coal already loaded and in transit before the ban order could be transported, and auction-purchased coal could be transported. (Paras 5-11)
B) Civil Procedure - Impleadment - Intervention - The Court held that impleadment of applicants was not necessary but permitted them to intervene in the proceedings. (Para 3)
C) Environmental Law - Committee Report - Katakey Committee - The Court noted the report of the Committee appointed by NGT, which recorded that challans for 1,69,149 MTs of coal were issued, out of which 94,099 MTs were transported, leaving 75,050 MTs to be transported. (Para 11)
Issue of Consideration
Whether transportation of already mined coal lying at sites in Meghalaya should be permitted pending final disposal of appeals against NGT orders banning illegal mining.
Final Decision
The Court disposed of impleadment applications by permitting applicants to intervene. The Court allowed transportation of coal for which valid challans were issued between 04.12.2018 and 15.01.2019, subject to conditions imposed by the State Government and the Katakey Committee report. The final disposal of the applications shall await the final judgment in the batch of cases.
Law Points
- Environmental protection
- Rat hole mining
- Coal transportation
- Interim orders
- National Green Tribunal jurisdiction
Case Details
I.A. Nos. 5051 & 5055 of 2019 in Civil Appeal Diary No. 3067 of 2018; I.A. Nos. 67603 & 67610 of 2019 in Civil Appeal Diary No. 3067 of 2018; I.A. Nos. 45679 & 45673 of 2019 in Civil Appeal No. 5272 of 2016; I.A. No. 6786 of 2019 in Civil Appeal No. 5272 of 2016; I.A. Nos. 22936 & 22961 of 2019 in Civil Appeal No. 5272 of 2016; I.A. Nos. 22981 & 22988 of 2019 in Civil Appeal No. 5272 of 2016; I.A. No. 157090 of 2018 in Civil Appeal No. 5272 of 2016; I.A. No. 53041 of 2019 in Civil Appeal No. 5272 of 2016; I.A. No. 7845 of 2019 in Civil Appeal No. 5272 of 2016; I.A. No. of 2018 in Civil Appeal No. 5272 of 2016; I.A. No. 29455 of 2019 in Civil Appeal No. 5272 of 2016
Lber Laloo; Ka Hima Nongstoin Land Owners, Coal Traders and Producers Association
All Dimasa Students Union Hasao District Committee & Ors.; All Dima Students Union Dima Hasao District Committee & Ors.
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Nature of Litigation
Civil appeals and interlocutory applications against orders of National Green Tribunal regarding illegal coal mining and transportation in Meghalaya.
Remedy Sought
Applicants sought directions for transportation of already mined coal lying at sites, and impleadment in the proceedings.
Filing Reason
Deaths of labourers in rat hole mining led to ban on transportation; applicants had valid challans or auction-purchased coal and sought permission to transport.
Previous Decisions
NGT ordered stoppage of rat hole mining and illegal mining; Supreme Court on 04.12.2018 allowed transportation of 1,76,655 MTs up to 31.01.2019; on 15.01.2019, Court ordered no transportation of any coal lying on sites; State Government partially modified on 18.01.2019; on 28.01.2019, Court allowed auction-purchaser to transport but dismissed other applications.
Issues
Whether impleadment of applicants is necessary in these proceedings.
Whether transportation of already mined coal should be permitted pending final disposal of appeals.
Submissions/Arguments
Applicants argued that they had valid challans issued between 04.12.2018 and 15.01.2019, or had purchased coal in auction, and should be allowed to transport.
State of Meghalaya submitted report of Katakey Committee indicating quantity of coal for which challans were issued and quantity already transported.
Amicus Curiae informed that trucks loaded before the ban order had been allowed to carry coal.
Ratio Decidendi
The Court held that impleadment is not necessary but intervention may be permitted. Transportation of coal for which valid challans were issued before the ban order, and auction-purchased coal, may be allowed subject to conditions to balance environmental concerns and legitimate rights of parties.
Judgment Excerpts
We are of the view that impleadments of the applicants is not necessary in these proceedings. We, however, permit the applicants to intervene in the matter.
Our order passed today is confined to various applications seeking directions. All the applications are not being finally disposed of, which final disposal of the applications shall await the final judgment in batch of cases.
The Tribunal vide order dated 17.04.2014 had directed the authorities to ensure that rat hole mining and illegal mining be stopped forthwith in the State of Meghalaya and any illegal transport of coal does not take place.
Till the next date of hearing there would not be any transportation of any coal lying on the sites.
The Committee has been informed by the Commissioner & Secretary to the Government of Meghalaya, Mining & Geology Department that the order dated 15.01.2019 passed by the Hon'ble Supreme Court is still in force.
Procedural History
Gauhati High Court took suo moto action after deaths of 15 labourers in mining operations; transferred to NGT as O.A. No.73 of 2014; NGT ordered stoppage of rat hole mining and illegal mining; appeals filed in Supreme Court; Supreme Court passed various orders permitting transportation; on 04.12.2018 allowed transportation of 1,76,655 MTs up to 31.01.2019; on 15.01.2019, after another incident of deaths, ordered no transportation; State Government partially modified on 18.01.2019; on 28.01.2019, Court allowed auction-purchaser to transport but dismissed other applications; present order deals with further applications.
