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Meghalaya High Court issues directive for extension of deadline for transportation or reassessed coal

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SHILLONG, MAR 20:  The Single Member Committee appointed by the Meghalaya High Court has directed extension of deadline for transportation of re-assessed/re-verified inventoried coal from pithead to the designated depot in South West Khasi Hills District, West Khasi Hills District and South Garo Hills District as the transit passes for most of the quantities of such coal found in such districts have already been issued and such coal is in transit to the designated depot.

Moreover, in South West Khasi Hills District, two original coal owners having died in the meantime, persons claimed to be the legal heirs have requested time to produce the proof in support of that.

However, in East Jaintia Hills District the remaining quantity of 1,34,608.662 MT of re-assessed/re-verified inventoried coal may be confiscated /seized in terms of the order dated 09/02/2024 passed by the High Court, as the coal owners stated to have not shown any interest for transportation to the designated depots, Chairman of the Committee said in his 21st interim report submitted recently.

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The committee also recommended the need to grant of further 30 days time to the successful auction purchasers of re-assessed/re-verified inventoried coal auctioned by the CIL, for deposit of the entire auction value, keeping in view the time required from the date of issuance of the notice for auction till lifting of the auctioned coal by the auction purchasers, and forfeiture of the earnest money in the event of failure to deposit such value within the said period of time and also to put such quantity of coal to re-auction.

It also directed the issuance of directions to the Deputy Commissioners and the Superintendents of Police of the concerned districts to ensure filing of the appropriate applications before the appropriate Courts of law for auction of the coal seized under the provisions of MMDR Act, so that entire such coal could be sold in public auction at the earliest.

According to the report, in East Jaintia Hills, the quantity of seized coal auctioned is 39,099.48 as on 16/12/2022 and 25,817 on 11/10/2023. 8346 seized coal is yet to be put up for auction.

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The Deputy Commissioner on February 5, 2024 requested the Public Prosecutor for taking necessary steps for obtaining the order from the concerned Court for auction of remaining 8346 MT seized coal.

In West Jaintia Hills, the quantity of seized coal auctioned is 1,40,117.88. A further quantity of 1615.49 has been seized recently. Thus, 1,41,733.37 is presently available for auction.

The deputy commissioner on February 27, 2024 has written to the Superintendent of Police for deputing the I/O to file appropriate application before the appropriate Court of law seeking an order for auction of the remaining quantity. Further 40,378.12 MT out of 46,882.12 put up for auction has to be re-auctioned.

In West Khasi Hills, 68,199.906 MT yet to be lifted by the auction purchasers, which would allowed to be lifted and transported only after depositing the bid amount and issuance of mineral transport challan.

The Deputy Commissioners of the aforementioned districts are advised to take urgent steps for obtaining necessary orders from the concerned Courts for auction of the coal seized under the MMDR Act in public auction.

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The report said that total amount of coal offered for auction in four districts is 1035446.35 and total quantity sold in auction in four districts is 9,27,446

Thus Mineral Transport Challans (MTC) in respect of 6,79,730 MT coal (9,27,446 minus 2,47,716) are yet to be issued to the successful auction purchasers for transportation of coal from designated depots, for which, according to the Secretary, Mining and Geology Department and the Director of Mineral Resources, Govt. of Meghalaya, further time for making deposit of the entire auction value have been asked for by the successful bidders, it said.

The Single Member Committee, keeping in view the time required from the date of issuance of the notice for auction of re-assessed/re-verified inventoried coal by the CIL till lifting of the auctioned coal by the auction purchasers, recommends granting of further 30 days time to the successful auction purchasers for deposit of the entire auction value and in the event of failure to deposit such value within the said period of time, the earnest money deposited by them may be forfeited and such quantity of coal may be put to re-auction, it added.

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