Order of the Supreme Court of India regarding coke plants in Meghalaya, 27/06/2022

  • 27/06/2022

Order of the Supreme Court of India in the matter of JMK Coke Industry Pvt. Ltd. & Others Vs The State of Meghalaya & Others dated 27/06/2022.

The grievance of the petitioners (JMK Coke Industry) is against the order of the High Court of Meghalaya at Shillong, May 24, 2022.

Vide the aforesaid interim order, the High Court has accepted the preliminary findings contained in the Preliminary Report, May 23, 2022 filed by Justice B.P. Katakey (Retd) who was requested by an earlier Order, April 19, 2022 for ascertaining the extent to which the directions issued by the High Court and the National Green Tribunal in respect of establishing and running of coke plants under the Mines and Minerals Development Regulation Act, 1957 have been complied with by the state of Meghalaya and also to ascertain the possibilities of large scale extraction or complying with the formalities including the impact thereof on the environment and local inhabitants.

Vide the impugned interim order, the High Court has accepted one of the recommendations contained in the preliminary report of Justice B.P. Katakey to dismantle the existing coke plants within a period of 30 days and not to allow them to operate and/or grant permission to establish new coke plant(s).

The petitioners have raised multiple grievances against the aforesaid impugned order including that they were not heard by the High Court before issuing the impugned direction which has adversely affected them. The petitioners are said to be not required to obtain environmental impact assessment to establish a coke plant and that the direction to dismantle the existing coke plants will cause irreversible losses and injury.

The Supreme Court stayed the order issued by the High Court but the unit shall not be operational. The High Court of Meghalaya has been directed to hear the petitioners and pass appropriate orders.