SC allows Meghalaya to restart coal mining

Syllad | The Rising MeghalayaJuly 3, 2019

SHILLONG: The Supreme Court has finally lifted the ban imposed by the National Green Tribunal (NGT) for the past five years by allowing coal mining being carried as per the Mines and Minerals Development and Regulation (MMDR) Act to resume in Meghalaya.   

The judgment passed by the bench of Justice Ashok Bhushan and Justice KM Joseph on Wednesday has also directed the state government to transfer Rs 100 crore to the Central Pollution Control Board for restoration of the environment. 

It has also directed handing over of all extracted coal as assessed by state government lying in different districts for proper disposal. 

“We thus clarify that in event mining operations are undertaken by the tribals or other owners of hills districts of Meghalaya in accordance with mining lease obtained from the State of Meghalaya as per 1957 Act and Mineral Concessions Rule, 1960, the ban order dated 17.04.2014 of the tribunal shall not come in its way of carrying mining operations,” the bench said in its judgment. 

“The ban order is for the illegal coal mining which was rampant in the State of Meghalaya and the ban order cannot be extended to valid and legal mining as per 1957 Act and 1960 Rules,” it added. 

In cases pertaining to environmental matter, the apex court said the state has to act as facilitator and not as obstructionist.

As per statutory regime brought in force by notification dated 15.01.2016 issued under Environment (Protection) Act, 1986, environmental clearance is required for a project of coal for mining of any extent of area. 

“While implementing statutory regime for carrying mining operations in the Hills Districts of the State of Meghalaya, the State of Meghalaya has to ensure compliance of not only MMDR Act, 1957 but Mines Act, 1952 as well as Environment (Protection)Act, 1986,” it said. 

The bench further stated that according to the land tenure system as applicable in the hills districts of Meghalaya, the most of the lands are either privately or community owned in which State does not claim any right. 

“The private owners of the land as well as community owners have both the surface right as well as sub-soil rights.” 

Stating that there has been no notification issued by the President under Para 12 A (b) to the Sixth Schedule of the Constitution, it said, “There is nothing in Sixth Schedule of the Constitution which may indicate about the inapplicability of Act, 1957 with regard to the hills districts of Meghalaya.” 

It may be mentioned here the state government had passed an official resolution urging the Centre to invoke para 12 A (b) to exempt the state from the provisions of Central laws on mining.

The bench said that the coal extracted and lying in open after May 15, 2016 does not automatically vest in the State of Meghalaya and the owner of the coal or the person who has mined the coal shall have the proprietary right in the mineral which shall not be lost. 

While disposing of the appeals with regards to the transportation of coal, the apex court has directed that all extracted coal as assessed by the state be handed over to Coal India Ltd. for proper disposal. 

“The Katakey Committee after discussion with Coal India Ltd. and State of Meghalaya shall formulate a mechanism for transport, weighment of all assessed coal. The Coal India Ltd. shall auction the coal so received by it as per its best judgment and remit the proceed to State to the extent as directed above. All coal seized by the State for which cases have already been registered shall be dealt by the State in accordance with Section 21 of 1957 Act,” it said. 

Meanwhile, the court has also permitted the state government to transfer Rs.100 Crores to Central Pollution Control Board from the Meghalaya Environment Protection and Restoration Fund which amount shall be used by Central Pollution Control Board only for restoration of Environment. 

“We accept the submissions of the learned counsel for the appellant that State of Meghalaya has very limited source of finances and putting an extra burden on the State of Meghalaya to make payment of Rs. 100 Crores from its own financial resources may cause great hardship to the State of Meghalaya. Ends of justice be served in modifying the direction of NGT dated 04.01.2019 to the extent that State is permitted to transfer an amount of Rs. 100 Crores from the amount lying in the MEPRF to the Central Pollution Control Board,” it said.