KHADC to file review petition against SC ruling on coal mining

Syllad | The Rising MeghalayaJuly 25, 2019

SHILLONG: The Khasi Hills Autonomous District Council (KHADC) has decided to file a review petition against the recent Supreme Court’s judgment which maintained that the autonomous district councils (ADCs) cannot make law for granting mining lease. 

“We will be seeking the views of our standing counsel on whether there is a way for the Council to file a review petition against the Supreme Court’s ruling,” KHADC chief Teinwell Dkhar assured the House during the summer session, which concluded here on Thursday. 

He was replying to a zero hour notice moved by leader of opposition Lamphrang Blah to discuss on the issue regarding the alienation of power and authority of KHADC over land, water, forest, minerals resulted from the application of state and central laws and notifications. 

Dkhar further assured that if required, a special session would also be convened to discuss and take a collective decision on the matter. 

Members while participating during the discussion have expressed concerned over the judgment passed by the Supreme Court on July 3, which lifted the ban on coal mining imposed by the National Green Tribunal (NGT) for the past five year. 

However, the Court, while upholding that land belongs to the people or community, has directed that mining operations will have to be carried out as per provisions of the Mines and Minerals Development and Regulation (MMDR) Act, 1957. 

It had stated that owner of the mineral shall grant the lease for mining of coal as per provisions of chapter V of Rules, 1960 after obtaining previous approval of the central government through the state government. 

“The Union having made declaration by Section 2 of 1957 Act taking under its control regulation and development of mineral, the power of Autonomous District Council to legislate on the subject shall also be denuded as that of the State Legislature,” the judgment had stated. 

On this, the chief executive member said that the executive committee will not sit idle but will take up this matter very seriously. 

Earlier, Congress member from Mylliem Ronnie V Lyngdoh said that the state government should appeal against the Coal Nationlisation Act for exempting the state as per Para 12 A (b) of the Sixth Schedule to the Constitution of India.