Meghalaya HC orders shutting down of illegal coke plants

Guwahati, Dec 16: The High Court of Meghalaya today asked the Meghalaya government  to take immediate action to stop operation of all illegal coke plants in Wes Khasi Hills District from today.

In response to a PIL (No. 14/2022) filed by one Monu Kumar, a two-member bench of the High Court comprising Chief Justice Sanjib Banerjee and Justice W Diengdoh observed, “It is distressing that the State administration appears to be complicit in the illegal functioning of coke plants in the State as is evident from the writ petition and a letter addressed by the Superintendent of Police, West Khasi Hills District to the Deputy Commissioner dated December 15, 2022, a copy whereof has been produced in Court by the State.”

“It may be recalled that despite this Court’s efforts over the last several months to implement the orders passed by the Supreme Court and the National Green Tribunal to prohibit the illegal mining of coal and the illegal setting up of coke plants, the State government has done precious little. Indeed, it now appears that the State government may have helped circumvent orders and actively connive with the operators of the illegal coke plants,” the court order further says.

According to the writ petitioner in this public interest matter, there are more than 60 coke making units in the West Khasi Hills District against the admitted position that only four units have been granted consent to operate. These are the only four that had previously obtained consent to establish the units.

The letter dated December 15, 2022 placed on behalf of the State reveals that a spot inspection was conducted by the Committee on Environment of the Meghalaya Legislative Assembly on August 18, 2020 on all the coke making units in and around Shallang, which is in the West Khasi Hills District. This limited inspection revealed 16 coke making units operating without any permission from the appropriate authorities.

According to a document issued by the Meghalaya State Pollution Control Board and relied upon in the writ petition, which is corroborated by the letter of December 15, 2022, only four units – Carbochem India, Shemphang Riangshiang, Rilangam Coke Industries and MD Coke Industries – have consent to operate coke plants in the West Khasi Hills District.

“ All other coke plants, whatever may be the size and whoever may be directly or indirectly controlling the same, must be shut down as of today,” the High Court  order says asking the  Chief Secretary to file a compliance report with the Registrar-General by December 19, 2022, confirming such position.

As for those units which have been found to have operated illegally, all raw material and finished product should be seized and immediate appropriate action initiated against the persons in control of the units in accordance with law.

The Deputy Commissioner, West Khasi Hills along with the Superintendent of Police have been asked by the court to show cause why appropriate action should be taken against such persons for failing to take steps against all coke making units operating in their jurisdiction without due authority. All Deputy Commissioners and Superintendents of Police in other districts should ensure that there is no coke making unit operating within their jurisdiction otherwise than upon obtaining due consent to operate. 

All Deputy Commissioners and Superintendents of Police of the districts will confirm such position by filing individual reports addressed to the Chief Secretary within a week from date.

The State is put on notice that if the State is unable to implement this order or the subsisting orders of Courts and Tribunals which are binding on it, this Court will have to look at resources beyond the State to enforce such orders.
The matter is listed for further hearing on February 1, 2023.