Coal case listed for Jan 31
SHILLONG: The mining plan has yet again delayed early disposal of the case pending with the National Green Tribunal on the ban on coal mining in Meghalaya. The next date of hearing on the matter has been fixed for January 31 next year.
When the case came up before NGT on December 14, the counsel appearing for Meghalaya submitted that the government had already submitted to the Ministry of Environment and Forest (MoEF) the mining plan and guidelines, which are pending with MoEF for a considerable time.
However, the counsel appearing for MoEF made a submission that the document submitted by the State is not a mining plan but a State mining-oriented plan instead of a site-oriented plan and can hardly be dealt with by MoEF.
Further, the counsel brought to the notice of NGT that Meghalaya is claiming exemption from applicability of central mining laws on the basis of it being a scheduled State and therefore beyond the scope of the applicability of the central laws.
In view of this context, the NGT directed Meghalaya government “to file the mining plan/ guidelines as required under laws, that is, not only State specific but also mine specific, within two weeks”.
After the compliance, the NGT said MoEF would pass order in all aspects of the matter within two weeks. “The Ministry of Coal will fully cooperate and there will be collective orders to be passed by the Ministry of Environment, Forest and Climate Change and the Ministry of Coal. Let that order be placed before the Tribunal,” it said.
According to NGT, after the documents are placed, the Tribunal will decide whether the mining activity in Meghalaya would be permitted and if so, on what terms and what should be the scheme of restoration.
The NGT also asked MoEF and the Ministry of Coal to submit their views on restoration of areas mined.
“We will consider the report of the National Environmental Engineering Research Institute (NEERI) on which, views of both the ministries will be submitted before the next date of hearing in relation to restoration if not already submitted,” the NGT said.
The Tribunal also directed the State Government to file a complete statement on the coal that was found to have been extracted at the time of passing of the order dated November 12, 2014.
The NGT also wanted to know the quantum of coal that has already been transported, recovery of royalty of environmental compensation and what is the scheme of Meghalaya for restoration of the damage done to the environment and ecology as a result of illegal mining.