JHADC told to work with JMB on garbage management

The Meghalaya High Court has asked the Jaintia Hills Autonomous District Council (JHADC) to act in conjunction with the municipality to ease the citizens’ woes in regard to the garbage collection in Jowai town.

“In the meantime, the Jaintia District Council should act in conjunction with the Municipality to ease the citizens’ woes,” the division bench said in its order passed after hearing a PIL filed by the Synjuk Ki Waheh Shnong Jowai.

An affidavit has been filed by the Jowai Municipality pursuant to the order dated April 17, 2023.

The petitioner flagged several issues and said that all is not well in the matter of collection of garbage in the town of Jowai.

The petitioner’s affidavit in such regard should be filed within a week from date, the bench said while adding that the matter will appear 10 days hence.

The next hearing on the matter will be held on May 12.

Govt asked to spell out plans to address traffic problems

The Meghalaya High Court has directed the State to file an affidavit indicating the steps taken and proposed to be taken to ease the traffic congestion in Shillong City.

“The State’s affidavit should indicate the plans to be implemented over the next few months, those over the next few years and the long-term goals taking into consideration the rate of increase of private cars and vehicular traffic, the burgeoning tourism industry and the available space,” the division bench said in its order passed while hearing a PIL on the matter.

It said that several months back, the State had indicated that most of the parents of school-going children in the city had agreed to opt for their wards being ferried to schools by bus, provided the State government took the responsibility of running such service.

“Indeed, it was indicated that about 50 to 60 buses were being acquired for such purpose. However, nothing seems to have been implemented in such regard,” the Court added.

Further, the Court also said that there were other long-term and short-term plans which had been tentatively indicated, particularly following suggestions by the IIM, Shillong and by a foreign agency apparently engaged by the State for such purpose.

“Again, nothing appears to have come of it apart from a ropeway being planned, and that too, for tourism purposes,” it added.

The next hearing will be held on May 3.

Meghalaya HC calls for action against ‘real culprits’ behind illegal coke plants

Staff Reporter

Shillong, March 13: The Meghalaya High Court has asked the state to take action against ‘real culprits’ behind the illegal coke plants, as per law.

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“If the real culprits are well known, it would be expected of the State to take appropriate action against them in accordance with law,” the full bench headed by Chief Justice Sanjib Banerjee said in its order today while hearing a PIL filed by Shailendra Kumar Sharma on the matter.

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DSGI Dr Mozika informed the Court that after orders have been passed for shutting illegal coke plants, the real persons who started the illegal operations may have abandoned most of the coke plants and the local persons or the workers may have taken over their reduced operations.

Dr Mozika suggested that the identification of the kingpins should not be a difficult job as they are well known.

Advocate-General submitted that the State has called upon the investigating agency to trace out the original operators and bring them to book.

Additional penal provisions have, apparently, been incorporated in the original FIRs to facilitate such a process.

Earlier, the State had fairly submitted that there is no impediment to shutting down all illegally operating coke plants in the State.

As to what may be perceived to be illegally operating coke plants would be if such plants do not have any license or permission to operate or, even if they do possess the requisite license, the source of coal is not legitimate. Both aspects are of key importance.

The State has offered that this aspect of the matter may also be looked into by Justice Katakey, as suggested on behalf of the petitioner.

“Accordingly, the petitioner is given liberty to approach Justice Katakey who has been appointed to monitor the implementation of the orders of the National Green Tribunal and the Supreme Court pertaining to illegal coal mining in the State to ensure that similar illegality is not perpetuated by illegally operating coke plants,” the Court said.

Any matter pertaining to illegally operating coke plants may be incorporated in the interim reports that are filed regularly by Justice Katakey in the suo motu proceedings.

While hearing another PIL pertaining to a similar matter, the Division Bench said that some directions have been issued, including for Justice BP Katakey (retired), to monitor the coke plants which are operating in the State and their status, based on whether they have permission to operate and also the source of the coal being used.

“The relevant matter has been adjourned for eight weeks upon recording the State’s submission that the State is interested in demolishing all illegally operating coke plants and ascertaining the identities of the real persons who started or continue such operations,” it said.

Liberty is given to the petitioner to approach Justice Katakey with any details that may assist Justice Katakey in monitoring the operations at the coke plants in the State, it added.

The next hearing will be held on May 9.

Meghalaya High Court orders CISF deployment to check illegal coal transport

Staff Reporter

Shillong, March 13: The Meghalaya High Court has ordered deployment of 10 companies of central industrial security force (CISF) to check illegal transportation of coal.

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This was after the state had indicated that a sum of Rs 316 crore would be required for construction of quarters and barracks if 100 companies of CRPF are to be deployed in the state.

In its order, the full bench headed by Chief Justice Sanjib Banerjee said, “Instead, it appears to be fair and reasonable to this Court to deploy 10 companies, not of CRPF but of Central Industrial Security Force. That is because, as the Central government duly points out, the CRPF functions under the command of the State police whereas CISF can function independently.”

On a query from the Court, it was submitted on behalf of the Central government that CISF would be able to handle the aspect of checking goods vehicles.

“Considering the total area in the State and that some of the remote pockets do not have roads or even the menace of illegal coal mining and its transportation, 10 companies of CISF should be enough to check the vehicles and completely arrest the illegal transportation of coal,” the Court said.

“While CISF is engaged in checking the vehicles, there is no doubt that it would also check for contraband and ensure that the goods vehicles conform to the weight limits for plying on the State and national highways in Meghalaya,” it added.

The Court also directed Dr Mozika to ascertain the logistics and formalities for 10 companies of CISF to be deployed for the purpose of checking the illegal transportation of coal in the State.

“The process may not last several years as the State proposes to open up scientific mining and grant licenses therefore in accordance with law which may make illegal coal mining an unattractive proposition thereafter,” it said.

Justice Katakey has filed an 11th interim report which the State and the Central government should consider.

The Court further said it was also proposed that upon the 10 CISF companies being made available for the indicated purpose, the key areas which need to be manned and guarded would be decided in consultation with Justice Katakey.

“It is made clear that the deployment of CISF will be on payment basis, subject to negotiation between the State and the Centre,” it stated.

Earlier, the State has prepared a blueprint for the deployment of the Central Reserve Police Force in the State to check the illegal mining of coal and its transportation.

The State’s plan is rather grandiose as it seeks deployment of 100 companies in the eastern range and 60 companies in the western range where one company consists of 135 personnel.

Though the State has indicated in great detail the number of companies to be deployed in the 12 districts, including bifurcating the companies which would be involved in checking vehicles and others which would check the mining activities, the cost implication, even on a short-term, temporary basis, may make it unfeasible.

Indeed, only on account of construction of quarters and barracks, the State has indicated a sum of Rs 316 crore and for requisitioning vehicles an annual expenditure in excess of Rs 58 crore.

At any rate, even if the infrastructure constructed may be put to use by the State upon the CRPF no longer being required, it would take a considerable period to complete the construction and it would be a Herculean task to house 160 companies on a temporary basis.

Indeed, the State’s coal reserves may be exhausted by the time the State’s grand design is put in place.

The next hearing will be held on March 20.