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Before two-and-half months, 15 labourers were trapped in an illegal rat-hole mine located in Meghalaya’s East Jaintia Hills District. The Hon’ble Bench of the Apex Court presided by Justice AK Sikri asked the centre to comply with the order passed on February 8 when Solicitor General Tushar Mehta said the Centre would airlift those who were trapped in the rat-hole by de-watering the same using pumps.
The petitioner came up with this suggestion of dewatering the rat-hole mines using 20 pumps with a capacity of 100 horsepower. Initially, the court did not intend to pass an order because only the skeletal remains would exist in the said area. However, the learned counsel Anand Grover, appearing for the petitioner Aditya N Prasad, persuaded the court about making a last attempt to rescue those who were trapped in the mine. Since the Judge in the instant case had delivered so many great judgements, this should not be a precedent to that something could have been done for better in future.
Besides, the petitioner sought the attention of the court to consider the situation of the mother whose two sons were also in the rat-hole mine. Grover said that even Kirloskar Brothers Ltd. was ready to supply the necessary water pumps for dewatering the area, and they asked about the manner of transporting 100 pumps as prescribed in the report of the hydrologist. It has been 20 days since the report was submitted, and the centre had not taken any action as per the order passed on February 8.
The petitioner moved the Supreme Court with an urgent appeal due to the inaction of the Government. The court, initially, was of the view that nobody would be alive, and hence it said it would look into adopting any standard operating procedure in this regard considering the persuasion of the petitioner.
The counsel for the petitioner appealed to the conscience of the court and said that this would be the last resort to rescue those who were trapped. Nevertheless, the Maharashtra-based company intended to transport the pumps for free and sought the attention of the administration at the centre to know the manner of transporting the pumps. Further, Grover said the court that the centre was inclined to employ 40 pumps of 40 horsepower when the report of the National Institute of Hydrology asserted in its report that dewatering would be effective with 20 pumps of 100 horsepower.
Having failed to comply with the order passed on February 8, the centre continues to remain inactive in this regard. Therefore, the petitioner sought the court to rely on the scientific evidence and reports for rescuing the people by dewatering the mines. The Court recorded the non-compliance of the centre with the order passed on February 8, thereby directing the latter to airlift the pumps as assured to the illegal mine and install them with the aid of Army authorities.
Additionally, the court directed the centre to issue the notice to the mine owner who is in police custody and said it would decide on the ad hoc compensation payable to the families of the victims. The case is posted for the next hearing on March 12.
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