Meghalaya HC directs Govt, NHAI to address problems on NH-6

Staff Reporter

Shillong, July 19: The Meghalaya High Court today directed the State and the National Highway Authority of India (NHAI) to file further reports with regards to the Jowai to Ratacherra stretch of the National Highway-6 within four weeks.

“Both the State and the NHAI will file further reports when the matter appears next four weeks hence,” the Division Bench said in its order after hearing a PIL filed by Kynjaimon Amse.

It also directed the State to convene a meeting with the representatives of the NHAI and the local administration to address the particular problems pertaining to the Jowai -Ratacherra stretch of NH-6.

The petitioner had pointed out that the report filed by the NHAI indicates certain man-made problems which ought to be addressed by the State.

For instance, car wash outlets have sprung up along the State and national highways in the State without any drainage system or any parameters apparently being put in place in such regard. As a result, the water from such car wash places run down the highways or form puddles at places causing additional damage than what the monsoon rains may cause.

The NHAI in its report also indicated that the haphazard laying of pipelines along the side of the Jowai to Ratacherra stretch has resulted in leaks in several places which add to the woes of accumulated water and erosion of the blacktop.

These and several of the other issues raised in the NHAI report must be addressed by the local administration and some parameters put in place for car wash units to adhere to, including payment of license fees or the like.

Regarding the Jowai bypass, the Bench has directed that the repair works be completed within this month.

“It is hoped that the balance repair work is completed within this month and extra care is taken to undertake patchwork, wherever necessary, for the remainder of the monsoon season to ensure that the colossal waste of vehicles needing to travel the extra 30 km or so by avoiding the bypass is no longer necessary,” it said.

It said that the real problem pertains to a 7-km stretch which is virtually unmotorable at the moment and is known as the Jowai Bypass that links Thadlaskein to Mihmyntdu and vehicles intending to go to the Khliehriat side without stopping at Jowai take such bypass to avoid the urban congestion in Jowai.

Though the rest of NH -6 is maintained by the NHAI, the roughly 7-km stretch of the Jowai Bypass is maintained by PWD (Roads) and such stretch is in a pitiable condition and the state of the road is such that heavy vehicles suffer serious breakdowns and lesser vehicles these days take the longer route through Jowai than hazard the risk of taking the bypass.

Earlier, the State had submitted that the heavy rains in the month of June, 2023 did not allow the repair work that had been undertaken prior thereto to settle down and washed away the blacktop.

According to the State, the same contractor is undertaking the repair work and the same should be completed within a reasonable time.

The Bench however said that almost half the monsoon season is over and during such period the bypass has well-nigh remained unmotorable.

As indicated earlier, road construction or repair works have to take into account the heavy rains here in the monsoon and it will not pass an excuse to suggest that because of the monsoon or a few spells of heavy rain, the road has been damaged to the extent that it has been, it added.

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.

ALSO READ: Sitharaman assures Meghalaya of Central support

“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.

ALSO READ: Meghalaya to host its first International Film Festival

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.

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

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.