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

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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

9

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

15

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

16

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 17

th

May, 2019 to 31

st

May, 2019 (15 days). After 31

st

May, 2019 no

transportation shall be permitted.

......................J.

( ASHOK BHUSHAN )

......................J.

( K.M. JOSEPH )

New Delhi,

May 10, 2019.

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