JMK COKE INDUSTRY PVT LTD Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This is a petition which has been referred to the Full Bench by a Single Bench upon noticing that matters pertaining to illegal operation of coke plants in the State and illegal mining and transportation of illegally-mined coal in the State were pending before this Bench.

(2.) The challenge here is to an order dated July 7, 2023 passed by the Deputy Commissioner, East Jaintia Hills district. By such order, the Deputy Commissioner has required the demolition of unauthorised illegal chimneys, unauthorised coke oven plants constructed without the requisite consent to establish, beginning July 10, 2023.

(3.) The petitioner claims that the relevant order is without previous notice to the petitioner and, as such, in complete breach of the principles of natural justice and, accordingly, not tenable. The petitioner claims that pursuant to a single-window clearance issued by the Director of Commerce and Industries of the State by an order dated April 5, 2021, the petitioner undertook the process to establish the manufacturing facility. However, the petitioner maintains that no manufacturing activity has been undertaken at the relevant plant. The petitioner claims that this is an admitted position and, according to the petitioner, even the Deputy Commissioner of the relevant district has not alleged that the petitioner has commenced operations or has undertaken any manufacturing activity at the plant in question.