The National Green Tribunal (NGT) refused to overturn its earlier decision to ban ‘rat hole’ coal mining in Meghalaya, even as it reiterated that the ruling is based on the undisputed fact that the practices (traditional coal extraction) are illegal and have caused serious air, water and environmental degradation. The NGT under Justice Swatanter Kumar and Ranjan Chatterjee heard the arguments made by the lawyers from the government side, the district councils, the coal mine owners and others who have submitted their affidavits to the tribunal on arrays of issues pertaining to the April 17 ruling that banned rat hole coal mining in the State. After a two hours hearing, where pleas were made to modify the earlier ruling on grounds related to the economy, the customary practices, the lives of the people dependent on rat hole mining and other allied issues, Justice Swatanter Kumar, in his ruling on Monday, said, “The order issued to forthrightly stop illegal mining of coal stems from the indisputable facts that the practices have caused serious pollution to air, water and ecological damage,” adding, “Besides the effluents discharged, which have caused serious damage to the ecology including rivers, streams, besides health hazards in and around the mining area.” “These activities cannot be carried out in this manner and there is no ground to modify the earlier order,” observed the NGT Judge, while asking the authorities to seal all mines and to ensure that the order to stop all illegal/indiscriminate coal mining in the State should be put into effect. “All mines shall be sealed and the Deputy Commissioners and Superintendents of Police should be liable to comply with the order with immediate effect,” Justice Swatanter Kumar said in his ruling. Subtle contentions were made that the customary practices of coal extraction should not be prohibited but regulated, arguments were made that the government is on the verge of having a mines and mineral policy put in place and the customary laws and the traditional mining being a less contributing factor to the alleged pollution of the water bodies. On the pleas that the already extracted coal should be allowed to be transported in view of the anticipated pollution in view of the upcoming monsoon and the prospect of its harmful effects, apart from the loss of revenue by the State, the NGT gave a reprieve, of course, with a rider by constituting a six–member committee to decide on how the already extracted coal can be transported to the destined areas. The Committee shall constitute of the Directorate of Mineral Resources, the member secretaries of the Assam Pollution Control Board, the Meghalaya Control Board, the Central Pollution Control Board and senior officials from the Union Ministry of Forest and Environment. The tribunal decided that the Committee should be constituted in one week time. The Committee will also have to conduct inspection on all mining sites, locate the sites of the extracted coal deposits and quantify them besides deciding the value of the mineral. The mined black diamond should be transported in three months time through three points in order to check leakages. The NGT also directed the State government to maintain all records of the amount of royalty received with a clear instructions that maximum of the amount should be utilized for restoration of the environment. Extension will be considered, but meanwhile, the NGT directed the State Chief Secretary to take up with the Union Ministry of Forests and Environment to finalise the making of a plan before fresh mining activities could be considered. Moreover, the two benches of the NGT also asked the Committee to submit a detailed report on the pollution of rivers/streams, ground water in and around the mining grounds, the damage to the ecology and the people. It also asked the State government to provide all medical and health facilities to the people in the mining areas and to keep the tribunal informed on the measures to prevent health hazards. Making it clear that its directive should be carried out in ‘strict term”, the NGT benches further said that the applicants (coal mine owners) should also present themselves on why they should not be involved in restoring the ecology/environment around the mining sites. It may be mentioned that coal has been extracted in a haphazard and unscientific manner in the State on the basis of customary laws and practices and Justice Swatanter Kumar categorically maintained that in case of conflicts, the law of the land prevails.