LBER LALOO Vs ALL DIMASA STUDENTS UNION HASAO DISTRICT COMMITTEE
Bench: HON'BLE MR. JUSTICE ASHOK BHUSHAN, HON'BLE MR. JUSTICE K.M. JOSEPH
Judgment by: HON'BLE MR. JUSTICE ASHOK BHUSHAN
Case number: C.A. No.-005295 / 2019
Diary number: 3067 / 2018
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. Nos. 5051 & 5055 of 2019 IN
CIVIL APPEAL DIARY NO. 3067 Of 2018
LBER LALOO ...APPELLANT(S)
VERSUS
ALL DIMASA STUDENTS UNION HASAO DISTRICT COMMITTEE & ORS. ...RESPONDENT(S)
WITH
I.A. Nos. 67603 & 67610 of 2019 IN
CIVIL APPEAL DIARY NO. 3067 Of 2018
LBER LALOO ...APPELLANT(S)
VERSUS
ALL DIMASA STUDENTS UNION HASAO DISTRICT COMMITTEE & ORS. ...RESPONDENT(S)
WITH I.A. Nos. 45679 & 45673 of 2019
IN CIVIL APPEAL NO. 5272 Of 2016
KA HIMA NONGSTOIN LAND OWNERS, COAL TRADERS AND PRODUCERS ASSOCIATION ...APPELLANT(S)
VERSUS
ALL DIMASA STUDENTS UNION DIMA HASAO DISTRICT COMMITTEE & ORS. ...RESPONDENT(S)
1
WITH
I.A. No. 6786 of 2019 IN
CIVIL APPEAL NO. 5272 Of 2016
KA HIMA NONGSTOIN LAND OWNERS, COAL TRADERS AND PRODUCERS ASSOCIATION ...APPELLANT(S)
VERSUS
ALL DIMA STUDENTS UNION DIMA HASAO DISTRICT COMMITTEE & ORS. ...RESPONDENT(S)
WITH
I.A. Nos. 22936 & 22961 of 2019 IN
CIVIL APPEAL NO. 5272 Of 2016
KA HIMA NONGSTOIN LAND OWNERS, COAL TRADERS AND PRODUCERS ASSOCIATION ...APPELLANT(S)
VERSUS
ALL DIMASA STUDENTS UNION DIMA HASAO DISTRICT COMMITTEE & ORS. ...RESPONDENT(S)
WITH
I.A. Nos. 22981 & 22988 of 2019 IN
CIVIL APPEAL NO. 5272 Of 2016
KA HIMA NONGSTOIN LAND OWNERS, COAL TRADERS AND PRODUCERS ASSOCIATION ...APPELLANT(S)
VERSUS
ALL DIMASA STUDENTS UNION DIMA HASAO DISTRICT COMMITTEE & ORS. ...RESPONDENT(S)
2
WITH
I.A. No. 157090 of 2018 IN
CIVIL APPEAL NO. 5272 Of 2016
KA HIMA NONGSTOIN LAND OWNERS, COAL TRADERS AND PRODUCERS ASSOCIATION ...APPELLANT(S)
VERSUS
ALL DIMA STUDENTS UNION DIMA HASAO DISTRICT COMMITTEE & ORS. ...RESPONDENT(S)
WITH
I.A. No. 53041 of 2019 IN
CIVIL APPEAL NO. 5272 Of 2016
KA HIMA NONGSTOIN LAND OWNERS, COAL TRADERS AND PRODUCERS ASSOCIATION ...APPELLANT(S)
VERSUS
ALL DIMA STUDENTS UNION DIMA HASAO DISTRICT COMMITTEE & ORS. ...RESPONDENT(S)
WITH
I.A. No. 7845 of 2019 IN
CIVIL APPEAL NO. 5272 Of 2016
KA HIMA NONGSTOIN LAND OWNERS, COAL TRADERS AND PRODUCERS ASSOCIATION ...APPELLANT(S)
VERSUS
ALL DIMA STUDENTS UNION DIMA HASAO DISTRICT COMMITTEE & ORS. ...RESPONDENT(S)
3
WITH
I.A. No. of 2018 IN
CIVIL APPEAL NO. 5272 Of 2016
KA HIMA NONGSTOIN LAND OWNERS, COAL TRADERS AND PRODUCERS ASSOCIATION ...APPELLANT(S)
VERSUS
ALL DIMA STUDENTS UNION DIMA HASAO DISTRICT COMMITTEE & ORS. ...RESPONDENT(S)
WITH
I.A.No.29455 of 2019 IN
CIVIL APPEAL NO. 5272 Of 2016
KA HIMA NONGSTOIN LAND OWNERS, COAL TRADERS AND PRODUCERS ASSOCIATION ...APPELLANT(S)
VERSUS
ALL DIMASA STUDENTS UNION DIMA HASAO DISTRICT COMMITTEE & ORS. ...RESPONDENT(S)
J U D G M E N T
ASHOK BHUSHAN, J.
We have heard the batch of civil appeals and
other matters on 08.05.2019 and on which date,
judgment has been reserved. At the time of hearing
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of the civil appeals, learned counsel were also heard
on several I.A.s
2. We have heard learned counsel for the applicants,
learned counsel for the State of Meghalaya, Shri
Nidhesh Gupta, learned senior counsel appearing for
the respondents and Amicus Curiae, Shri Colin
Gonsalves, learned senior counsel.
3. Several applications have been filed praying for
directions from this Court as well as seeking
impleadments in these matters. 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. All
impleadment applications filed by different
applicants are disposed of accordingly.
4. 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.
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5. We proceed to consider the prayer of the
applicants seeking certain directions in these
applications. These appeals have been filed against
different orders passed by National Green Tribunal,
Principal Bench, New Delhi. The Gauhati High Court
had taken suo moto action in which 15 young labourers
died while in mining operations in the State of
Meghalaya. The said suo moto writ petition was
transferred to the National Green Tribunal, which was
registered as O.A. No.73 of 2014. In the original
application, prayer was made for stoppage of illegal
mining activity in the State of Meghalaya
particularly in the District of Jaintia Hill
forthwith and for appointment of a committee to carry
out the assessment of the impact of illegal mining
and determination of the damage to the environment.
6. 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. Tribunal after notice to the
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parties had constituted Committee to submit report
and take other measures.
7. On request made on behalf of different
applicants, National Green Tribunal has permitted
transportation of coal under certain conditions.
Against the various orders passed by the Tribunal,
these appeals have been filed and, in these appeals,
also, this Court had passed various orders permitting
transportation of coal under terms and conditions.
For the present case, we need to notice only the
order dated 04.12.2018, by which, this Court passed
following order:-
“Mr. Ranjan Mukherjee, learned counsel appearing for the State of Meghalaya states that 176655 metric tonnes of coal is to be transported.
We grant time for transportation of the coal up to 31.01.2019.
List the matters on 15.01.2019.
Issue notice on I.A. No. 157090/2018 in C.A. No. 5272/2016.”
8. In pursuance of the order passed by this Court,
transportation of coal started immediately after
04.12.2018. Time for transportation of coal was 7
granted by this Court till 31.01.2019. In pursuance
of the order dated 04.12.2018, certain individuals
and associations have obtained transportation
challans for transporting the coal. An unfortunate
incident took place in January, 2019, where large
number of labourers died in rat hole mining in State
of Meghalaya, different I.A.s were filed before this
Court and this Court on 15.01.2019 immediately
directed for stoppage of 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 including I.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 transportation of any coal lying on the sites.”
9. The State Government also immediately in
pursuance of the order of this Court issued
directions to ensure compliance of the order of this
Court. By order dated 18.01.2019, the State
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Government partially modified its order dated
15.01.2019, while it permitted transportation of coal
with certain conditions, the order of the State of
Meghalaya dated 18.01.2019 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 State of Meghalaya shall be permitted and regulated with immediate effect as below: -
(i) The coal which had been loaded from the sites and in transit 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 of Meghalaya and being transported through the State of Meghalaya for consumption by factories, general household or export etc.
(iii) No challan to be issued for transportation of coal in Meghalaya after the order of Hon'ble Supreme Court dt. 15.01.2019
All authorities concerned are hereby directed to ensure compliance of the aforesaid directions so as to ensure compliance of the order of Hon'ble Supreme Court dt. 15.01.2019
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Sd/- [T. Dkhar]
Commissioner & Secretary to the Govt. Of Meghalaya, Mining &
Geology Department”
10. Certain I.A.s were again filed before this Court
seeking transportation. One of the I.A.s, i.e. I.A.
No. 13380 of 2019 was by an auction-purchaser, who
after, obtaining auction-purchase sought for
transportation of the coal. This Court on 28.01.2019
rejected different I.A.s and only allowed the
application No.13380 of 2019 filed by an auction-
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 prayer clause in these applications, were taken care of by the Government of Meghalaya with its Order dated 18.01.2019.
Mr. Colin Gonsalves, learned Amicus Curiae, informs that after the order permitting the trucks to move out which has already been loaded with coal from the site and in transit before the Order of this Court was passed on 15.01.2019, those trucks have been allowed to carry the coal. Therefore, no further orders are required to be passed.
The Interlocutory Applications are, accordingly, dismissed.
10
I.A. No. 13380/2019 in C.A. No. 5272/2016:
It is stated by the applicant that the applicant has purchased coal in auction from the Government. Naturally in such circumstances the applicant has to be allowed to transport the coal. This application is allowed in terms of the prayer made in the application.”
11. The Government of Meghalaya again issued an order
dated 07.02.2019 clarifying its earlier order dated
18.01.2019. Various associations and individuals
have thereafter submitted applications before State
of Meghalaya and before this Court praying for
permission to transport the coal. Learned counsel
appearing for the State of Meghalaya has submitted
copy of a report submitted by Shri B.P. Katakey,
Former Judge, Gauhati High Court dated 31.03.2019,
which Committee was appointed by the National Green
Tribunal by its order dated 31.08.2018. Learned
counsel for the State submits that the Committee in
the said report 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
following effect:-
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“ O. Coal mining activities including transportation of coal.
The Hon'ble Supreme Court, vide its order dated 04.12.2018, initially allowed transportation of coal up-to 31.03.2019, on the basis of the submission made by the learned counsel appearing for the State of Meghalaya that 1,76,655 MTs of coal is available for transportation. The Hon'ble Supreme Court, however, by subsequent order dated 15.01.2019, directed that there would not be any transportation of any coal lying on the sites. In the order dated 19.02.2019, the Hon'ble Supreme Court has noticed filing of various interlocutory applications for allowing transportation of already mined coal. 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. The Committee, having regard to the aforesaid orders passed by the Hon'ble Supreme Court, directed the Mining & Geology Department of the Government of Meghalaya to submit a report about the quantity of coal for which challans for transportation has been issued between 04.12.2018 to 15.01.2019 and the quantity of coal already transported from the State of Meghalaya. The Commissioner & Secretary to the Government of Meghalaya, Mining & Geology Department has apprised the Committee that challans for transportation of 1,69,149 MTs of coal have been issued, pursuant to which 94,099 MTs of coal have been transported out of the State of Meghalaya between 04.12.2018 to 15.01.2019, leaving 75,050 MTs of Coal still to be transported, in respect of which the challans have already been issued.
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The Committee has also directed the Deputy Commissioner of East Jaintia Hills District to submit a report on a news item titled “Four died as coal laden truck capsized in EJH" appeared in the Shillong Edition of a local daily, namely, "Shillong Times", in its publication dated 12.03.2019.
The Deputy Commissioner has submitted a report dated 20.03.2019 before the Committee in its proceeding dated 25.03.2019 admitting that an accident has occurred on 11.03.2019 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, evident that despite the order passed by the Hon'ble Supreme Court prohibiting transportation of coal, such transportation is going on which has not been stopped by the authorities for the reasons best known to them. As reported in various newspapers, illegal coal mining activities are also going on despite the ban by the Hon'ble NGT.”
12. Learned counsel for the State submits that as per
the aforesaid report, about 176655 MTs of coal was
still to be transported, with regard to which
challans for transportation had already been issued.
He further submits that the report further noticed
that there were about 75050 Mts. Of the coal for
which challans for transportation had been issued,
which quantity was included in 176655 MTs of coal,
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which was permitted to be transported by this Court
on 04.12.2018. The learned counsel for the
applicants in support of different I.A.s made various
submissions before us. Some of the applicants are
those, who have obtained transportation challans for
transportation of coal in pursuance of the order
dated 04.12.2018 and their coal was included in the
quantity of 176655 MTs but could not transport due to
order dated 15.01.2019. There are other applicants,
who submits that large quantity of coal has already
been assessed belonging to them by the State itself
and respective Deputy Commissioner. Reference has
also been made to the Technical Committee Report
appointed by the State Government, which has carried
out the assessment. There are other various
applicants, where applicants are seeking transport of
unassessed coal. It is submitted that all the
applicants are entitled for transportation. It is
further contended that unless the transportation of
coal is not permitted in the ensuing rainy season
there shall be an adverse effect to the environment.
It is submitted that large quantity of coal is lying
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in the open, which will cause environmental
pollution.
13. Learned Amicus Curiae and Shri Nidhesh Gupta had
refuted the submissions of the applicants. It is
submitted that coal, which has been sought to be now
transported are all coal, which was illegally mined
against the Mines and Minerals (Development and
Regulation) Act, 1957. It is submitted that detailed
submissions have already been made before this Court
establishing the illegal mining of coal.
14. We, after having heard the counsel for the
parties, are of the view that for the present, we
only need to consider the applicants, which are
seeking transportation in reference to order of this
Court dated 04.12.2018. The Katakey Committee Report
dated 31.03.2019 has already referred to the
quantity, which was permitted to be transported by
order dated 04.12.2018. The report further noticed
that in pursuance of the order, challan for transport
of coal was issued for 176655 MTs. in pursuance of
which 94099 Mts. of coal has already been transported
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and what is left to be transported was 75050 Mts. of
coal. We notice that time for transportation of coal
by order dated 04.12.2018 was still 31.01.2019 but
due to an unfortunate incident, in which several
labourers died 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 be granted for transportation is of 75050 Mts. of
coal with regard to which transport challans have
already been issued by the State of Meghalaya. We are
conscious that if permission for transport of coal is
granted by this Court, there is grave danger of
illegal mining. We notice that the ban 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
of 75050 Mts., the State of Meghalaya has to take
necessary precaution that under the guise of this
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permission, no other coal is transported or mined.
The State of Meghalaya has to deliberate on the
mechanism to ensure that only those, who have
transport challans after order of this Court dated
04.12.2018 should be permitted to transport the coal
out of the quantity of 75050 Mts. as noted by Kateky
Committee. We further make it clear that while
permitting transportation, the State authority should
maintain the details of such transportation in
different registers noticing:
(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 (v) details and date of verification
certificate.
These details are necessary to be noted, since we are
yet to take a decision that what further liability
can be imposed on such coal, which is going to be
transported under this order.
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16. The State should take appropriate precaution
while granting permission for transportation and
under the strength of this order, no other kind or
category of coal shall be permitted to be
transported. State should entrust the duty to
responsible officers of the State Government not
below the rank of Deputy Commissioner to ensure
compliance of this order and conditions to be fixed
by the State Government. We, thus, by this order
dispose of applications seeking impleadment by
permitting only intervention. On the applications
seeking directions, the orders as indicated above are
passed, which applications shall await the final
disposal of the applications alongwith the final
decision of the case.
17. We direct the State of Meghalaya to finalise the
mechanism for ensuring verification and
transportation of coal as permitted above which
mechanism be finalised and publicised for the benefit
of all concerned and put in place within a week from
today. The actual transportation after due
verification along with a verification certificate by
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an Officer not the rank below than the Deputy
Commissioner be permitted from 17th May, 2019 to 31st
May, 2019 (15 days). After 31st May, 2019 no
transportation shall be permitted.
......................J. ( ASHOK BHUSHAN )
......................J. ( K.M. JOSEPH )
New Delhi, May 10, 2019.
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