Meghalaya
Gasuapara, Chokpot, Rymbai, Ksan, Rongding Awe, Dangsa Awe, Rongsa Awe, Gare Gittim and Are Gittim, Nengchigen Shallang, Jadigittim, Garegittim, Daramngdura
,
Nongalbibra
,
South Garo Hills, West Jaintia Hills, East Jaintia Hills
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Unbridled illegal coal mining in Meghalaya despite court ban
Reported by
East Street Journal Asia
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
Households affected
60
People Affected
2012
Year started
Land area affected
Households affected
60
People Affected
2012
Year started
Land area affected
Key Insights
Sector
Mining
Reason/Cause of conflict
Coal Mining
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Despite a ban on rat-hole mining of coal in Meghalaya by the National Green Tribunal (NGT) in 2014, illegal coal continues to be extracted and moved across borders of Meghalaya. Illegal coal mining has not only been a nemesis to the environment but also a threat to human lives.

LCW analysis of news reports shows that nearly 60 people either lost their lives or suffered injuries due to illegal coal mining in the state since 2012. Several activists have also been attacked and given threat calls for looking into the illegal coal mining issue in the state. These are the officially reported figures, the actual number of people affected due to rat-hole mining is expected to be higher. This figure doesn't include the numbers of villagers affected due to environmental degradation such as polluted water bodies.

Rat-hole mining involves digging 3-4 feet deep tunnels, barely allowing workers to crawl in and out. They have to squat while extracting coal with pickaxes. There are two kinds of rat-hole mining - side-cutting and box-cutting mining. While the side-cutting type of mining is usually done on hill slopes, box-cutting entails digging a circular or squarish pit at least 5 square metres in width up to a depth of 400 feet. In the latter, miners have to drop down in makeshift cranes or using rope-and-bamboo ladders dig horizontally after finding the coal seam. The tunnels are dug in every direction from the edge of the pit, resembling the tentacles of an octopus.

Coal mining in Meghalaya is small-scale and an unorganized venture controlled by individuals who own the land, making it extremely difficult for officials to track these illegal mines.

Activists say commercial coal mining in Meghalaya is too unprofitable to sustain as mining land is leased out as small holdings that are "returned" once the coal is exhausted. However, there is no regard for the consequences on the people who inhabit the dread landscape left behind.

A study on the mining-affected areas in Meghalaya highlighted that water streams and rivers of all three hills (Jaintia, Khasi, and Garo) have been affected by coal mining. The adverse effects are severe in Jaintia Hills as most of the streams in coal mining areas have become highly acidic. Meanwhile, scholarly studies have demonstrated the alarming privatization of land in Meghalaya, where over half the population is now landless.

Back in 2019, a 379-page report, compiled by social activists, urged the Supreme Court to completely ban coal mining in Meghalaya as it has led to severe environmental degradation.

In 2022, another report, prepared by a court-appointed panel, found that the state had overstated the quantity of coal extracted before the ban by 13 lakh metric tonnes. The Meghalaya High Court, which formed the committee to help enforce the coal mining ban in the state, said the latest findings made it “apparent” that “...the state sought to pass off (13 lakh MT of illegally-mined coal) as coal mined before the imposition of the ban”.

A timeline of events shows that in 2012, 30 coal labourers were trapped inside a coal mine at Nongalbibra in the District of South Garo Hills, and 15 of them died inside the coal mine. In December 2018, in a separate fatal accident amidst illegal coal mining, 15 miners trapped by flooding in an illegal coal mine in Ksan village were rescued in Meghalaya's East Jaintia Hills district. In January 2021, six persons died inside a mine after a crane carrying them snapped in the East Jaintia Hills district.

Until 2021, the government had registered some 250-odd cases related to illegal coal mining in the state.

In June 2023, following complaints by locals and exporters, the headman (locally known as Nokma) of Gasuapara village had served an eviction notice to illegal coal kingpin Balwan Soni alias Bhama asking him to leave the Gasuapara Land Customs port within two days. However, there has been no updates on it so far.

While speaking to LCW, one of the sources, who requested anonymity, said, "Illegal mining continues in many parts of the state, including parts of West Jaintia Hills and Garo Hills. Coal-laden trucks are moving to and fro across states and cross-border to Bangladesh. It's too complicated and even though the court has banned it, it has been one of the common sources of income for all owners of land where mining is carried out."

In 2023, social activist Flaming Marak, who complained about the ongoing illegal rat-hole mining in South Garo Hills District, said, "The illegal mining and illegal transportation of coal have not only violated the law of the land and the Constitution of India but it has incurred huge loss of revenue to the state of Meghalaya and also has affected the environment and more importantly due to illegal and unscientific mining has even led to the loss of many precious lives as many labourers and miners have died in many tragic incident while operating the rat-hole mining."

While hearing a PIL, Meghalaya High Court said that large-scale unscientific mining of coal in the state may lead to disastrous consequences. The court also said it is necessary to call in the central armed police forces (CAPF) to stop the illegal mining and transportation of coal in the state.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Demand to stop mining and transportation of illegal coal

Region Classification

Rural

Type of Land

Common and Private

Forest and Non-Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area, Government or community-regulated urban commons, Water bodies

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Author
Reported by
East Street Journal Asia

Meghalaya

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

Read More

Latest updates
Rajasthan
Rajasthan

UIT Bikaner's Jorbeer Housing Project on Stalls Following Rajasthan High Court Order

Rajasthan
Rajasthan

Jaipur Development Authority Acquires Land for Township Project, Ending Conflict

Uttar Pradesh
Uttar Pradesh

Farmers land acquired under Mansarovar Housing Scheme in Lucknow

Maharashtra
Maharashtra

Citizens unite against cycle track around Powai, Vihar Lakes in Mumbai

Jharkhand
Jharkhand

Families displaced by Mandal Dam in Jharkhand opppose project resumption

Jharkhand
Jharkhand

Jharkhand approves Adani's thermal plant, farmers allege violation of LARR Act

Gujarat
Gujarat

Pastoral Community in Gujarat's Banni Grasslands Demands Titles Recognising Community Forest Rights

Uttar Pradesh
Uttar Pradesh

Builder Encroaches Upon Farmers Land in Gosaiganj Lucknow, 150 Allottees in Lurch

Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Unbridled illegal coal mining in Meghalaya despite court ban

Reported by

East Street Journal Asia

Legal Review by

Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

January 3, 2024

January 4, 2024

Edited on

January 3, 2024

Sector

Mining

Reason or Cause of Conflict

Coal Mining

Starting Year

2012

Land Area Affected (in Hectares)

ha

Households Affected by Conflict

People Affected by Conflict

60

State

Meghalaya

Sector

Mining

People Affected by Conflict

60

Households Affected by Conflict

Land Area Affected (in Hectares)

ha

Starting Year

2012

Location of Conflict

Nongalbibra

Gasuapara, Chokpot, Rymbai, Ksan, Rongding Awe, Dangsa Awe, Rongsa Awe, Gare Gittim and Are Gittim, Nengchigen Shallang, Jadigittim, Garegittim, Daramngdura

South Garo Hills, West Jaintia Hills, East Jaintia Hills

Reason or Cause of Conflict

Coal Mining

Land Conflict Summary

Despite a ban on rat-hole mining of coal in Meghalaya by the National Green Tribunal (NGT) in 2014, illegal coal continues to be extracted and moved across borders of Meghalaya. Illegal coal mining has not only been a nemesis to the environment but also a threat to human lives.

LCW analysis of news reports shows that nearly 60 people either lost their lives or suffered injuries due to illegal coal mining in the state since 2012. Several activists have also been attacked and given threat calls for looking into the illegal coal mining issue in the state. These are the officially reported figures, the actual number of people affected due to rat-hole mining is expected to be higher. This figure doesn't include the numbers of villagers affected due to environmental degradation such as polluted water bodies.

Rat-hole mining involves digging 3-4 feet deep tunnels, barely allowing workers to crawl in and out. They have to squat while extracting coal with pickaxes. There are two kinds of rat-hole mining - side-cutting and box-cutting mining. While the side-cutting type of mining is usually done on hill slopes, box-cutting entails digging a circular or squarish pit at least 5 square metres in width up to a depth of 400 feet. In the latter, miners have to drop down in makeshift cranes or using rope-and-bamboo ladders dig horizontally after finding the coal seam. The tunnels are dug in every direction from the edge of the pit, resembling the tentacles of an octopus.

Coal mining in Meghalaya is small-scale and an unorganized venture controlled by individuals who own the land, making it extremely difficult for officials to track these illegal mines.

Activists say commercial coal mining in Meghalaya is too unprofitable to sustain as mining land is leased out as small holdings that are "returned" once the coal is exhausted. However, there is no regard for the consequences on the people who inhabit the dread landscape left behind.

A study on the mining-affected areas in Meghalaya highlighted that water streams and rivers of all three hills (Jaintia, Khasi, and Garo) have been affected by coal mining. The adverse effects are severe in Jaintia Hills as most of the streams in coal mining areas have become highly acidic. Meanwhile, scholarly studies have demonstrated the alarming privatization of land in Meghalaya, where over half the population is now landless.

Back in 2019, a 379-page report, compiled by social activists, urged the Supreme Court to completely ban coal mining in Meghalaya as it has led to severe environmental degradation.

In 2022, another report, prepared by a court-appointed panel, found that the state had overstated the quantity of coal extracted before the ban by 13 lakh metric tonnes. The Meghalaya High Court, which formed the committee to help enforce the coal mining ban in the state, said the latest findings made it “apparent” that “...the state sought to pass off (13 lakh MT of illegally-mined coal) as coal mined before the imposition of the ban”.

A timeline of events shows that in 2012, 30 coal labourers were trapped inside a coal mine at Nongalbibra in the District of South Garo Hills, and 15 of them died inside the coal mine. In December 2018, in a separate fatal accident amidst illegal coal mining, 15 miners trapped by flooding in an illegal coal mine in Ksan village were rescued in Meghalaya's East Jaintia Hills district. In January 2021, six persons died inside a mine after a crane carrying them snapped in the East Jaintia Hills district.

Until 2021, the government had registered some 250-odd cases related to illegal coal mining in the state.

In June 2023, following complaints by locals and exporters, the headman (locally known as Nokma) of Gasuapara village had served an eviction notice to illegal coal kingpin Balwan Soni alias Bhama asking him to leave the Gasuapara Land Customs port within two days. However, there has been no updates on it so far.

While speaking to LCW, one of the sources, who requested anonymity, said, "Illegal mining continues in many parts of the state, including parts of West Jaintia Hills and Garo Hills. Coal-laden trucks are moving to and fro across states and cross-border to Bangladesh. It's too complicated and even though the court has banned it, it has been one of the common sources of income for all owners of land where mining is carried out."

In 2023, social activist Flaming Marak, who complained about the ongoing illegal rat-hole mining in South Garo Hills District, said, "The illegal mining and illegal transportation of coal have not only violated the law of the land and the Constitution of India but it has incurred huge loss of revenue to the state of Meghalaya and also has affected the environment and more importantly due to illegal and unscientific mining has even led to the loss of many precious lives as many labourers and miners have died in many tragic incident while operating the rat-hole mining."

While hearing a PIL, Meghalaya High Court said that large-scale unscientific mining of coal in the state may lead to disastrous consequences. The court also said it is necessary to call in the central armed police forces (CAPF) to stop the illegal mining and transportation of coal in the state.

Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Demand to stop mining and transportation of illegal coal

Region Classification

Rural

Type of Land

Common and Private

Type of Common Land

Forest and Non-Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area, Government or community-regulated urban commons, Water bodies

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Mines Act, 1952
Section 16 [Owner or manager of a mine to give notice to the district magistrate and Chief Inspector, Indian Bureau of Mines at least a month prior to commencement of any mining operation.] Section 75 [Chief Inspector or district magistrate to initiate prosecution against any owner/ manager of mines.]
Mines and Minerals (Development and Regulation) Act, 1957
Section 4. [No person shall undertake any mining operations in any area except under a mining lease granted under the Act] Section 21 [Whenever anyone raises or transports minerals without lawful authority as under this act, tools or transport used for such activity can be seized by government authorities. State government may recover illegally taken minerals.]
Environmental Impact Assessment Notification, 2006
Section 7 (ii) [Projects for mining of minerals to obtain prior environmental clearance from the Central Government] Schedule 1, Item 1(a) [Mining of minerals on land more than 50 hectares is a Category A project that requires mandatory environmental clearance]
Water (Prevention and Control of Pollution) Act, 1974
Section 24 [No person shall knowingly cause any polluting matter to be discharged into any stream or well or on land] Section 25 [No person, without prior consent of State Pollution Control Board, to establish any industry which is likely to discharge sewage or trade effluent into water body]
  1. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  2. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  3. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  4. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  5. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  6. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  7. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Violation of environmental laws

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

Yes

Name of the adjudicatory body

National Green Tribunal, Supreme Court of India

Name(s) of the Court(s)

Supreme Court of India, Gauhati High Court, Meghalaya High Court

Case Number

Original Application No. 110(THC)/2012, C.A. 10720/2018

Main Reasoning/Decision of court

After 30 coal labourers were trapped inside a coal mine in July 2012, proceedings were initiated initially before the Guwahati High Court at Shillong. The matter was then transferred to the National Green Tribunal. On April 17, 2014, the NGT looked into the validity of rat-hole mining operations in light of scientific studies and issued an interim direction to stop all rat-hole mining throughout Meghalaya. From time to time, the NGT issued directions to allow transportation of already extracted coal. On August 31, 2018, the NGT constituted an independent committee to monitor the situation and prepare an action plan. The tribunal also directed that the ban on rat-hole mining would continue in Meghalaya. The state of Meghalaya, in the meanwhile, filed an appeal against the NGT order of August 2018 challenging the constitution of the independent committee. On July 3, 2019, the Supreme Court upheld the decision of the NGT. The Supreme Court, among other observations, also noted that the 1957 MMDR Act would also be applicably to privately owned/ community owned lands in the hill districts of Meghalaya. The tribunal continued to take up the matter since then. On March 15, 2021, the tribunal noted that the Committee could not continue monitoring the situation forever. Under the public trust doctrine, the state authorities are bound to work for the protection of natural resources and the environment. As such, the tribunal disposed of the matter, directing that the functions of the committee would be taken over by the state authorities along with an oversight committee containing members of the central government.

Major Human Rights Violations Related to the Conflict:

Blackmail/threats/intimidation

Attempted killing

Other harassment

Reported Details of the Violation:

One alleged kingpin in the illegal operations of coke plants in Meghalaya, called the petitioner Shailendra Kumar Sharma twice in the morning and thereafter physically visited at his residence and threatened him with dire consequences if he pursued the petition. In 2018, activists Agnes Kharshiing and Amita Sangma survived an attack by coal miners and four years later, in 2021, received threat calls as they were campaigning against illegal coal mining and transportation. In 2022, the villagers of Shallang, Nengchigen, village, West Khasi Hills were threatened by armed men and even beaten up by illegal mine operators.

Date of Violation

June 29, 2023

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Directorate General Of Mines Safety (Ministry of Labour and Employment) Department of Mining and Geology (Directorate of Mineral Resources), Garo Hills Autonomous District Council, South Garo hills district administration

PSUs Involved in the Conflict:

Northeastern Coalfields Limited (NCL), Coal India Ltd.

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Image Credit:  

Video

Other Land Conflicts in Meghalaya

cross
    Not a member yet?
    Sign up now
    Conflicts Map
    Conflict Database
    About Us