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Judgment
This original application is registered suo-motu on the basis of the news item titled "Six workers killed in fire inside Nagaland rat-hole coal mine" published in “The Hindu Bureau” dated 27.01.2024. The news item reveals that six workers have been killed and four seriously injured after a fire broke out in a rat-hole coal mine in Wokha district of Nagaland. As per the said news item illegal rat-hole mining is in progress rampantly in the area concerned. Rat-hole mining entails a tunnel big enough for a mid-sized adult to crawl through, squat and extract coal with a pickaxe.
Supreme Court of India vide order dated 03.07.2019 in Civil Appeal No. 10720 of 2018 in the matter of State of Meghalaya Vs. All Dimasa Students Union, Dima Hasao Dist. Committee and Ors. has considered the issue of unregulated coal mining in the tribal areas of Meghalaya, which has resulted in not only loss of lives but damage to the environment of the area.
The Tribunal also by order dated 17.04.2014 in Original Application No. 73/2014 and M.A No. 174/2014 in the matter of All Dimasa Students Union Dima Hasao Dist. Committee Vs. State of Meghalaya & Ors. had expressed that such rat-hole illegal and unscientific mining can never be allowed in the interest of maintaining ecological balance of the country and safety of the employees. It was also noted that by such rat-hole mining neither the government nor the people are benefited but only the coal mafia derives the benefit.
The Tribunal in the above matter had held as under:-
“A reading of the said scientific study made by learned Professor on the subject shows an alarming situation existing in the State of Meghalaya especially in the Jaintia Hills wherein the rat-hole mining has been in practice for a long time. We are of the considered view that such illegal and unscientific method can never be allowed in the interest of maintaining ecological balance of the country and safety of the employees. It is also brought to the notice this Tribunal that by such illegal mining of coal neither the Government nor the people of the country are benefitted. It is only the coal mafias who are getting benefit by following this sort of illegal activities.
We are of the considered view that this act should be condemned and in any event such illegal activities are to be put to an end and the State of Meghalaya should come forward with an appropriate scheme and the statutory rules. Even though, in this application the applicant has restricted himself in respect of rat-hole mining operations in Jaintia Hills of the State of Meghalaya, we are of the view that if in the entire State of Meghalaya such illegal and unscientific operations of rat-hole mining are taking place, the same shall also be put to an end in the interest of people of the area and also people working in the mines for their safety as also for the protection of environment.
Accordingly, while admitting the application, we direct the Chief Secretary, Government of Meghalaya and the Director General of Police, State of Meghalaya to ensure that rat-hole mining/illegal mining is stopped forthwith thought-out the State of Meghalaya and any illegal transport of coal shall not take place until further orders passed by this Tribunal. The Director General of Police, State of Meghalaya is also directed to report to this Tribunal about the compliance of the order by the next date of hearing.”
Hence, the news item raises substantial issue relating to compliance of the environmental norms.
Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.
In the circumstances of the case we implead the following as respondents in the matter:
(i) Nagaland Pollution Control Board, through its Member Secretary
(ii) Deputy Commissioner/District Magistrate, Wokha
(iii) Directorate General of Mines Safety, through its Director General
Ms. K. Enatoli Sema, learned counsel accepts notice on behalf of respondent no. 1 and seeks four weeks’ time to file the reply.
Let notice be issued to Respondents No. 2 and 3 to file their response atleast one week before the next date of hearing before the appropriate bench of the Tribunal.
Since the matter relates to the Eastern Zonal Bench, Kolkata, therefore, OA is transferred to the Eastern Zonal Bench for appropriate further action. Office is directed to transfer the original record of the OA to Eastern Zonal Bench, Kolkata.
List before Eastern Zone Bench at Kolkata on 30.04.2024.