No coal in Gasuapara but Govt permits transportation

Syllad | The Rising MeghalayaMay 3, 2022

Kingstone Bolwari urged the Meghalaya Govt to re-call/revoke the permission to Jai Maa Coal Private Limited to export the coal Stranded at Gasuapara to Bangladesh and to impugned permission to Jai Maa Coal Pvt. Ltd. to transport/export the coal dump lying at Gasuapara area to Bangladesh.

In a letter to the Chief Secretary, Meghalaya, Bolwari a social activist residing in Nongrim Hills, Shillong expressed strong objection to the granting permission to Jai Maa Coal Private Limited to complete the Stranded coal dumped at Gasupara to Bangladesh.

He informed that the under Secretary to the Meghalaya Mining and Geology Department has issued the letter vide 28 April 2022 granting permission to M/S Jai Maa Coal Pvt.Ltd and in compliance to the order dated 28.04.2022 issued by the that the Under Secretary to the Government of Meghalaya Mining and Geology Department, the Deputy Commissioner Baghmara South Garo Hills have issued the impugned order/guideline/Standard operation of procedure dated 29.04.2022 pertaining to the transportation of dump coal lying at Gasuapara area to Bangladesh,

The Under Secretary to the Meghalaya, Mining and Geology Department has granted the permission to transport coal dumped lying at Gasuapara to Bangladesh.

The permission is granted to bring the Coal from outside the State and to export to the Bangladesh through Baghmara area enroute to Gasuapara land and custom station to Bangladesh.

The letter further stated that there is no stranded coal lying at Gasuapara, therefore, giving permission to Jai Maa Coal Pvt. Ltd. will give scope to transport illegal fresh mining of coal from South Garo Hills District to Bangladesh.

Government of Meghalaya, Mining and Geology Department claim that they are allowing the exporters to bring the coals from outside the State of Meghalaya and to transport it to Gasuapara land custom station to Bangladesh but in reality the Jai Maa Coal Pvt. Ltd. is transporting the coals originating from South Garo Hills to Bangladesh.

There is no system in place for checking of the number of trucks and quantity of coal that are transporting from outside the state. There is no record of daily number of truck transporting coal and the total quantity of coal or total MT of coal coming from outside the state of Meghalaya which gives scope to carry out the illegal mining activities and illegal transportation of coal from the State of Meghalaya as a result there is heavy revenue loss to the state of Meghalaya.

The letter informed concerned department is allowing to transport/export the coal bringing from outside the state of Meghalaya and to transport to Bangladesh through Gasuapara land custom station, but the above mentioned company are not transporting the coal originating from Assam or from outside the State of Meghalaya but they are transporting the illegal mined coals from the State of Meghalaya to Bangladesh without paying any revenue to the State of Meghalaya.

The Under Secretary to the Government of Meghalaya Mining and Geology Department and the Deputy Commissioner Baghmara South Garo Hills while granting permission and while issuing the guideline to export/transport the dump coal lying at Gasuapara have never specified the actual quantity of Coal MT dump lying at Gasuapara area and failing to mentioned the Quantity of Coal Metric Tones will give scope for indulging in illegal fresh coal mining.

Recently the Hon’ble High Court of Meghalaya have taken the Suo Motu case on illegal coal mining vide. PIL No.2 of 2022 In Re Suo Moto iIlegal Mining of Coal in the State of Meghalaya vs State of Meghalaya and the said PIL is still pending for final disposal of the case, its pertinent submit that the Hon’ble High Court in vide order dated19.04.2022 have made the strong observation that “the Object of the presence exercise is not to altogether prohibit coal-mining in the state. Suo motu cognizance was taken of news papers article that referred to the dangerous process of rate hole mining that may lead to collapse and miners being traps. Indeed there have been several death in such manner.

The High Court futher observe that the other purpose for taking up the matter was to ensure that the direction issued by the supreme court and by the National Green Tribunal were complied with. There was a committee constituted by the NGT which was headed by Justice BP Katakey (retired) a former judge of the Gauhati High Court. Several recommendation were made and number of recommendation formed for the basis for the directions issued by the Supreme Court in the order of July 3.2019.” in vide order dated.19.04.2022 the High Court of Meghalaya also appointed Justice BP Katakey (retired) a former judge of the Gauhati High Court for the purpose of ascertaining the to the extent to which the directions issued by the Supreme Court and NGT have been complied with. The High Court also directed to file preliminary report dealing with the direction issued by the Supreme court and NGT that had been complied with and more importantly, suggesting, e expeditious steps to complied with the outstanding direction including the transportation and sale of the available coal.”

In view of the PIL No.2of 2022 still pending in the supreme court and in view of the observation made by the High Court directing the newly appointed Justice Katakey Retire Judge of the Guahati high Court to file preliminary report dealing with the direction issued by the Supreme court and NGT granting permission dated.28.04.2022 and impugned order dated.29.04.2022 is not maintainable in law and more importantly the matter being subjudice before the High Court of Meghalaya and its pre-mature and highly illegal to issued permission to any exporters, individual or company before the preliminary report being filed by the newly appointed justice Katakey (Retire) judge.

There are many coal exporters in the entire state of Meghalaya and these exporters may also claim that their coal are lying stranded in Gasuapara and similarly demand to transport the same to Bangladesh and giving permission to these exporters to transport the coal will leads to illegal fresh mining of coal which will be against the orders of the supreme court and NGHT as well.

The letter said that before granting permission to M/S Jai Ma Coal Pvt. Ltd. for transportation of coal from Gasuapara no assessment had been carried out to verify the claim of Jai Ma Coal Pvt.Ltd about the coal dump lying in Gasuapara area.

That the owner of M/S Jai Ma Coal Pvt. Ltd. Shri. Balwan Bhama also is being accused of committing the offense of fake bill trading with numerous fictitious non-existent and thus deliberately entered into a nexus of criminal conspiracy with a mala fide intent to defraud and deprive the state of its legitimate revenue, in this connection the FIR has been filed vide Basistha P.S Case No. 2022 u/s 120B/420/468/471 IPC and Shri. Balwan Bhama had been arrested by the police of Basistha P.S. During the investigation it was found that through Youdhistra Bharma is the proprietor of M/S Jai Maa Coal Private Limited, but the Balwan Bhama used to run the whole business, the investigation also found that fictitious supply chain through generation of fake tax involvement of Rs.52.80 lakh without record of any purchasing coal etc.