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.  

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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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