Meghalaya HC dismisses PIL, says not section not applicable to Meghalaya

Syllad | The Rising MeghalayaOctober 26, 2021

The Meghalaya High Court on Tuesday dismissed a public interest litigation (PIL) seeking declaration of Section 10A (2) (b) of the Mines and Minerals (Development and Regulation) Act, 1957 as “ultra vires”.

In its order, the division bench comprising of Chief Justice Ranjit More and Justice HS Thangkhiew said, “Having perused the provision of Section 10 of the said Act coupled with the decision of the  Apex Court in State of Meghalaya (supra), we are of the view that Section 10A(2)(b) is not applicable to the state of Meghalaya. Public Interest Litigation is accordingly dismissed.”

During the hearing, the Advocate General A Kumar had challenged the maintainability of the instant PIL in Meghalaya High Court on the ground that Section 10A (2)(b) of the Mines and Minerals (Development and Regulation) Act, 1957 is not applicable in the State of Meghalaya by virtue of the provision of Section 10 of the said Act.

He also relied upon a decision of the Apex Court passed in Civil Appeal No. 10720 of 2018 State of Meghalaya vrs All Dimasa Students Union, Dima-Hasao District Committee and Ors with connected appeals (2019) 8SCC 177, particularly para 195.4 and para 195.7 thereof.

The PIL was filed by ND Rumnong.

The petitioner has sought the following reliefs: “Declare the impugned first proviso newly inserted in Section 10A (2)(b) of the Act, vide Section 13(i) of the Amendment Act, 2021, as ultra vires of the Constitution of India for being discriminatory and manifestly arbitrary on the vice of Article 14 of the Constitution of India and against public interest, and/or. To save the said impugned first proviso from being rendered unconstitutional, this  Court may please expound the scope of the same in such manner in public interest so that apart from pending applications, it would also nullify and render void all such Orders which had allowed pending applications saved by clause (b) of sub-section (2) of Section 10A and grant a prospecting licence or a mining lease prior to the commencement of the said Amendment Act, 2021, but a licence is yet to be issued or a mining lease deed is yet to be executed and registered as per the Minerals (Other than Atomic and Hydrocarbons Energy Minerals) Concession Rules, 2016.”

The petitioner has preferred the instant PIL in the interest of the general public of Meghalaya and of most people who are affected by the impugned order/notification who are unable to approach this High Court for personal reasons.