[Para 3 is not what order means, reframe] "Stricter Norms Needed To Stop Plundering Of Natural Resources": Meghalaya High Court Slams State Govt Over Illegal Mining

A division bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh of the Meghalaya High Court recently observed that stricter norms are needed to maintain the natural resources available in the state.

The bench was hearing a PIL which highlighted the issue of overloading of trucks carrying coal and other goods.

The court stated that the matter of illegal mining of coal in the state has carried on for more than a year with very little effort or intent on the part of the state government to address the menace of overloading of goods vehicles, which the petitioner views to be endemic throughout the State.

The bench also stated that there have been a number of affidavits filed on behalf of the State where it has been admitted that there is a very less number of check posts, but the same will be increased by the end of this month. These checkpoints will have weighbridges to check the weight of overloaded vehicles in the state.

"If local inhabitants are driven to illegal mining, for want of any other source of livelihood, if the illegal transportation thereof across the State were to be arrested, there would be no demand and, consequently, the illegal mining would come down or stop altogether"- Court said.

The bench also highlighted the wanton limestone quarrying and referred to a deceitful tweak in the rules that have allowed incidental mining to be carried out and being in the name of 'incidental mining,' wherein thousands of tonnes of minerals have been disposed of without obtaining any such licence or any norms that are being followed.

The court pointed out that there are rocks carried out of the state, as well as riverbed mining for sand. Without a doubt, local rulers with political connections manage such businesses, and it benefits the State government to take no action in this area.

Further, the bench stated that the executive is tasked with the duty of protecting and preserving the assets of the State "which being complicit as in the wanton plundering," and that several roads, including some of the key roads or bypasses leading to the southern North-East states, are in a miserable state and the reason for this is overloading of vehicles on the roads.

The bench noted that unlawful coal mining continues uninterrupted throughout the state, notwithstanding the state's pledge to follow existing court and tribunal judgments and protestations to the contrary and therefore we need stricter norms for checking and control over the matter.

The court directed the State Transport Secretary to personally look into the matter and prepare a plan to address the danger and if needed the Transport Secretary may seek assistance from the Indian Institute of Management, Shillong in developing such a blueprint.

The matter is listed for the next hearing on 31st March 2023 for further consideration.

Cause Title - Tennydard M.Marak & Ors vs. State of Meghalaya