LBER LALOO versus ALL DIMASA STUDENTS UNION HASAO DISTRICT COMMITTEE & ORS.

Citation: [2019] 7 S.C.R. 909 · Decided: 10-05-2019 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Disposed off

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Judgment (excerpt)

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909
LBER LALOO
v.
ALL DIMASA STUDENTS UNION HASAO DISTRICT
COMMITTEE & ORS.
(I.A. Nos. 5051 & 5055 of 2019)
in
(Civil Appeal Diary No. 3067 of 2018 & Ors.)
MAY 10, 2019
[ASHOK BHUSHAN AND K. M. JOSEPH, JJ.]
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
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
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
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
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
   [2019] 7 S.C.R. 909
909
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910
SUPREME COURT REPORTS
[2019] 7 S.C.R.
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
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]
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
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]
[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
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.
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,
I.A. Nos. 45679 & 45673 of 2019, 6786 of 2019, 22936 & 22961 of
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911
LBER LALOO v. ALL DIMASA STUDENTS UNION HASAO
DISTRICT COMMITTEE
2019, 22981 & 22988 of 2019, 157090 of 2018, 53041 of 2019, 7845 of
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. 

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