In Re: (Sou Motu): Illegal Mining Of Coal In The State Of Meghalaya vs State Of Meghalaya & Ors

H.S. Thangkhiew, J

A status report on behalf of the State government dated 22-05-2026 to the Thirty Seventh Interim Report filed by the Hon'ble Mr. Justice (Retd) B.P.Katakey Committee have been filed by the State respondents.

It is noted that the State respondents to ensure strict compliance of the SOP of 2024 for transportation of coal and the issuance of show causes for violation of the same, with regard to the case of M/s Star Cement, show cause notices have been issued on 15-05-2026. With regard to the payment of compensation to the legal heirs of late Mosaid Ali, it is given therein that on the submission of documents relating to proof of legal heirship, the compensation amount would be released.

On the aspect of fixation of responsibility and accountability upon Officers for prevention and detection of illegal coal mining activities, it has been given that an accountability mechanism is proposed to be incorporated and details thereof, of the Officers i.e., DC, SP, East Jaintia Hills District, Divisional Mining Officer, DMR to be held accountable in the event of occurrence or continuation of illegal coal within their respective jurisdictions, has been given. With regard to responsibility relating to transportation and movement of illegally mined coal, it has been given that the same will rest with the District Transport Officer, East Jaintia Hills District. With regard to scrutiny and verification of transport challans, transit permits and related transportation documents, it has been stated that as the same falls within the statutory mandate of the Mining and Geology Department and Directorate of Mineral Resources, accountability of transportation procurement and movement of coal destined for cement plants, the same would be fixed upon the concerned authorities under the Mining and Geology Department.

On the aspect of transportation of illegally mined coal identified under aerial survey conducted by M/s. Garuda UAV to designated depots, it is reported that out of 1,43,939 MT approximately 1, 24,431 MT of coal has already been transported to the depots and that 19,508 MT of coal stock whose coordinates coincide with the petition submitted by one Shri. Mathaios Byrloi on behalf of coal owners is being processed. With regard to the transportation of seized coal, it is reported that only 2500 MT out of 11,446.7287 MT has been transported, the reason being the scattered location of the coal stocks which require prior accumulation before transportation and the poor condition of kutcha roads especially during the rainy season.

On the auction of re-assessed/re-verified inventoried coal available in CIL designated depots, it is reported that out of 3,72,908 MT which was put up for auction by MSTC on 28-04-2026, 3,45,051 MT has been successfully auctioned. It is given that now out of 14,10,710.41 MT of the re-inventoried coal as assessed through aerial drone survey, only 27,857 MT now remains to be put up for auction. It is also reported that successful bidders have deposited the requisite payments for a quantity of 33,503 MT of coal and mineral transport challans have been issued for a quantity of 9,600 MT. It is further submitted that a proposal relating to the constitution of a High Level Monitoring Committee headed by an Officer not below the rank of Additional Chief Secretary for monitoring implementation of approved projects and utilization of funds under CPCB and MEPRF is under active consideration and is pending approval. On the aspect of recovery of unrealized demurrage charges from defaulting successful bidders, it is reported that out of the total demurrage charges amounting to ₹45,13,621/- out of which ₹33,85,822/- has already been recovered, Bakijai notices have been issued against all defaulters for recovery of outstanding dues.

The status report has also outlined the steps taken for setting up of integrated smart DMR check gates in vulnerable areas, such as the location and identification of suitable land which are all still pending finalization in various locations, such as on the Nangalbibra-Mendipathar Railway Station and Rongjeng - Dainadubi sections. It is noted that as the process is underway, the next status report should also specifically report on this matter.

It has also been given that a common action plan for North Garo Hills, East Garo Hills and South Garo Hills Districts for prevention of illegal coal mining and transportation activities is being prepared and that in East Garo Hills, an Integrated Task Force has been constituted comprising of the DC, ADC, SP, DTO and DMO apart from directions given to Executive Magistrates to submit weekly reports along with photographic evidence of enforcement and checking activities conducted. Similarly, Task Forces have been constituted in North Garo Hills and South Garo Hills.

This Court notes that the highlight of the status report filed is with the high sale rate achieved in the auction conducted on 28-04-2026, wherein as on today a huge percentage of the re-assessed coal i.e., 31.82 lakh MT out of 14.10 lakh MT has been auctioned. However, it is expected that the process such as, payment in challan delays be addressed as also depot and land issues. It is also noted that the manner of implementation of the SOP, taking into account the unauthorized transportation of coal by Star Cement demands that more rigorous and efficient measures should be put in place.

A copy of the Thirty Eighth Interim Report dated 29-05-2026 has been placed before this Court. A cursory perusal of the same would show that the Committee has put in recommendations for streamlining of the process for disposal of the coal, such as, strict timelines for mineral transport challans and issuance of challans for 23,902 MT immediately, the physical verification of designated CIL depots to determine the actual quantity of coal still available and the handing over of depots cleared of coal back to the land owners immediately to decrease the burden of payment of rent for the same by the State respondents. Attention has also been given to the violation of the SOP of 2024 by Star Cement, and also the manner of implementation to strengthen monitoring and further to fix accountability on specific officials, who should be held personally liable if illegal mining or transportation occurs in their jurisdiction. Other recommendations which include audit of coal sources by industrial plants in Meghalaya, utilization of the 100 crore CPCB fund and the framing of a state-wide enforcement and accountability mechanism have also been flagged in the report.

A copy of the Thirty Eighth Interim Report be provided to the parties appearing. The State respondents to file a status report on the same, within 4(four) weeks.

List this matter on 06.07.2026.