Full Judgment Text
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)
Signature Not Verified
Digitally signed by
ARJUN BISHT
Date: 2019.05.10
18:06:35 IST
Reason:
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
14
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
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
th st
Commissioner be permitted from 17 May, 2019 to 31
st
May, 2019 (15 days). After 31 May, 2019 no
transportation shall be permitted.
......................J.
( ASHOK BHUSHAN )
......................J.
( K.M. JOSEPH )
New Delhi,
May 10, 2019.
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