LBER LALOOversusALL DIMASA STUDENTS UNION HASAO DISTRICT COMMITTEE & ORS.

                          [2019] 7 S.C.R. 909                            909


                           LBER LALOO                                    A
                                  v.
     ALL DIMASA STUDENTS UNION HASAO DISTRICT
                 COMMITTEE & ORS.
                  (I.A. Nos. 5051 & 5055 of 2019)                        B
                                  in
            (Civil Appeal Diary No. 3067 of 2018 & Ors.)
                           MAY 10, 2019
        [ASHOK BHUSHAN AND K. M. JOSEPH, JJ.]                            C
       Coal/Collieries: Illegal mining of coal – Death of labourers
while in mining operations in State of Meghalaya – Directions by
this Court to stop transportation of coal – Thereafter, applications
filed seeking transportation of coal – Report by Katakey Committee
that challan for transport of coal was issued for 176655 MTs. in         D
pursuance of which 94099 Mts. of coal has already been
transported and 75050 Mts. of coal is left to be transported – Time
for transportation of coal was till 31.01.2019 but due to death of
several labourers in rat hole mining, this Court stopped the transport
on 15.01.2019 – Held: Transportation of coal of 75050 Mts. is
permitted with regard to which transportation challans have already      E
been issued – For the transportation of quantity of 75050 Mts., the
State of Meghalaya to take necessary precaution that under the
guise of this permission, no other coal is transported or mined –
State of Meghalaya to deliberate on the mechanism and entrust the
duty to responsible officers – Mines and Minerals (Development           F
and Regulation) Act, 1957.
      Disposing of the applications, the Court
       HELD: 1.1 The transportation of the coal of 75050 Mts. is
permitted with regard to which transportation challans have
already been issued. For the said transportation of quantity of          G
75050 Mts., the State of Meghalaya has to take necessary
precaution that under the guise of this 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
                                                                         H
                                 909
910            SUPREME COURT REPORTS                      [2019] 7 S.C.R.


A     challans after order of this Court should be permitted to transport
      the coal out of the quantity of 75050 Mts. as noted by Kateky
      Committee. While permitting transportation, the State authority
      should maintain the details of such transportation in different
      registers noticing: the information of the quantity of the coal, the
      details of payments, the person who is transporting the coal, the
B
      person who is owner of the coal and details and date of verification
      certificate. These details are necessary to be noted, since a
      decision is yet to be taken that what further liability can be
      imposed on such coal, which is going to be transported under
      this order. [Para 15] [917-G-H; 918-A-D]
C           1.2 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
D     Commissioner to ensure compliance of this order and conditions
      to be fixed by the State Government. Applications seeking
      impleadment by permitting only intervention are disposed of. 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. [Para 16]
E     [918-D-F]
            1.3 The State of Meghalaya is directed to finalise the
      mechanism for ensuring verification and transportation of coal
      which mechanism be finalised and publicised for the benefit of all
      concerned and put in place within the stipulated period. The actual
F     transportation after due verification along with a verification
      certificate by an Officer not the rank below than the Deputy
      Commissioner be permitted from 17.05.2019 to 31.05.2019
      (15 days). [Para 17] [918-F-G]
            CIVIL APPELLATE JURISDICTION : Interlocutory Application
      Nos. 5051 & 5055 of 2019 in Civil Appeal Diary No. 3067 of 2018.
G
            From the Judgment and Order dated 25.03.2015 of the National
      Green Tribunal at New Delhi in Original Application No. 73 of 2014.
            With
            I.A. Nos. 67603 & 67610 of 2019 in C.A.D. No. 3067 of 2018,
H     I.A. Nos. 45679 & 45673 of 2019, 6786 of 2019, 22936 & 22961 of
  LBER LALOO v. ALL DIMASA STUDENTS UNION HASAO                               911
                DISTRICT COMMITTEE

2019, 22981 & 22988 of 2019, 157090 of 2018, 53041 of 2019, 7845 of           A
2019, I.A. No.______of 2018, 29455 of 2019 in C.A. No. 5272 of 2016.
      A.N.S. Nadkarni, ASG, Amit Kumar, AG, Shekhar Naphade, Raju
Ramachandran, Amrendra Sharan, Colin Gonsalves, Sanjay R. Hegde,
Anupam Lal Das, Nidhesh Gupta, Ms. Meenakshi Arora, R. Basant,
Siddharth Luthra, Sr. Advs., Sammarth Khanna, Ms. Ekta Gupta,                 B
Ms.Sukriti Bhatnagar, Durga Dutt, Shaurya Sahay, Atul Kumar,
Ms. Rekha Bakshi, T. K. Nayak, Prakash Singh Negi, Chetan Joshi,
Ms. Laxmi Iyer, Abhikalp Pratap Singh, Kumar Abhishek, Avijit Mani
Tripathi, Yoginder Handoo, P. Yobin, Prashant Bhatnagar, Saurabh, Prithvi
Pal, Naresh Kumar Nagar, Amit Kumar, Avijit Roy, V. Senthil Kumar,
Satish Kumar, Theerthe Gowda N.M., G.Sughumaran, Ms. Arunima                  C
Dwivedi, Pranay Ranjan, Ms. Suhasini Sen, Gurmeet Singh Makker,
Tayenjam Momo Singh, Ms. T. Archana, Ranjan Mukherjee, S.
Bhowmick, K.V. Kharlyngdoh, Deniel Stone Lyngdoh, Upendra Mishra,
Dr. Gajendra Pal Singh, Ms. Olivia Bang, Satya Mitra, Arvind Kumar
Sharma, Ahanthem Henry, A. Rohen Singh, Vivek Kumar, Phillemon                D
N., Kumar Mihir, Ms. Aruna Mathur, Ms. Anuradha Arputham, Avneesh
Arputham, Ms. Geetanjali, M/S. Arputham Aruna And Co, Ms. Vandana
Sehgal, Ms. Japneet Kaur, Ms. Vriti Gujral, Ms. Pallavi Singh, Dileep
Tandon, Ms. Neha Tandon, R.B. Phookan, Shailesh Madiyal, Subhro
Sanyal, Ms. Soumya Roop Sanyal, Somesh Chandra Jha, Sameer Kumar,
Ms. Heena Rohra, Nirnay Gupta, Kawaljeet Singh Bhatia, Advs. for the          E
appearing parties.
      The Judgment of the Court was delivered by
      ASHOK BHUSHAN, J.
       1. We have heard the batch of civil appeals and other matters on       F
08.05.2019 and on which date, judgment has been reserved. At the time
of hearing 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        G
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        H
912            SUPREME COURT REPORTS                           [2019] 7 S.C.R.


A     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,
B     which final disposal of the applications shall await the final judgment in
      batch of cases.
             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
C     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
D     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
E     forthwith in the State of Meghalaya and any illegal transport of coal
      does not take place. Tribunal after notice to the 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
F     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:-
G              “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.
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  LBER LALOO v. ALL DIMASA STUDENTS UNION HASAO                                913
      DISTRICT COMMITTEE [ASHOK BHUSHAN, J.]

          Issue notice on I.A. No. 157090/2018 in C.A. No. 5272/2016.”         A
       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 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     B
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             C
          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.                                                  D
         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 Government partially       E
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.            F
      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.        G
              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.                                        H
914            SUPREME COURT REPORTS                           [2019] 7 S.C.R.


A               (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
B            the order of Hon’ble Supreme Court dt. 15.01.2019
                                                                            Sd/-
                                                                      [T. Dkhar]
                                            Commissioner & Secretary to the
                                               Govt. Of Meghalaya, Mining &
C                                                        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
D     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
E           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
F           allowed to carry the coal. Therefore, no further orders are required
            to be passed.
                The Interlocutory Applications are, accordingly, dismissed.
                I.A. No. 13380/2019 in C.A. No. 5272/2016:
               It is stated by the applicant that the applicant has purchased
G           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.”

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  LBER LALOO v. ALL DIMASA STUDENTS UNION HASAO                              915
      DISTRICT COMMITTEE [ASHOK BHUSHAN, J.]

        11. The Government of Meghalaya again issued an order dated          A
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
                                                                             B
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:-                                                                     C
      “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          D
      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          E
      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         F
      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           G
      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

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916            SUPREME COURT REPORTS                          [2019] 7 S.C.R.


A           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.
                The Committee has also directed the Deputy Commissioner
B           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
C           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
D           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.”
E            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
F     quantity was included in 176655 MTs of coal, 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
G     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
H     assessment. There are other various applicants, where applicants are
  LBER LALOO v. ALL DIMASA STUDENTS UNION HASAO                                 917
      DISTRICT COMMITTEE [ASHOK BHUSHAN, J.]

seeking transport of unassessed coal. It is submitted that all the applicants   A
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 in the open, which will cause environmental
pollution.
                                                                                B
      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.                 C

       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         D
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
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        E
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         F
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.          G
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 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         H
918                 SUPREME COURT REPORTS                       [2019] 7 S.C.R.


A     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:
B             (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
C             (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.
             16. The State should take appropriate precaution while granting
D
      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,
E     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
F     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 an Officer not the rank below than the Deputy Commissioner be
      permitted from 17th May, 2019 to 31st May, 2019 (15 days). After 31st
G     May, 2019 no transportation shall be permitted.


      Nidhi Jain                                            Applications disposed of.



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