Illegal extraction of limestone from privately-owned land
SHILLONG: Seven land owners from Tynger village under Shella Confederacy, through their legal counsel, have issued pleader notice against Lafarge Surma Cement Limited and Lafarge Umiam Mining Private Limited questioning the illegal extraction of the limestone from their land.
In the notice issued to the two companies on May 15, the legal counsel of the seven land owners, Ms. JB Kharbhih, alleged that the two companies had illegally trespassed into the private land and had constructed illegal structures and started extraction of limestone to the tune of several lakh metric tonnes.
“The limestone was illegally transported to the factory of Chattak in Bangladesh through the conveyor belt,” Kharbhih said.
According to the legal counsel, the two companies had started to extract limestone without obtaining permission from the competent authority of the Central Government and as well as that of the State Government.
The legal counsel claimed that the two companies could not produce any relevant documents in their possession to justify how and under what circumstances they extracted limestone and carried out supplies to Bangladesh.
She also questioned how the lease agreement could be executed in the name of some disguise owners whose name was also not disclosed.
The legal counsel further questioned how the deed was executed with parties who have got not saleable interest or transferred part of the land to the two companies by transfer and deed of transfer which was not produced before the court.
Kharbhih also questioned under what circumstances permission for mining operation could be granted by the State Government.
“The two companies have also violated various provisos of the Central Acts (Companies Act, 1956, Mines Act 1952 and Foreign Exchange Act, 1999 which is subject to scrutiny by the competent court,” she said.
The legal counsel also questioned whether the State Government or the District Council had any document to show how land in question could be illegally taken away by the two companies for extraction of limestone, adding that the transfer of land to the two companies is also in violation of the Section 3 of the Meghalaya Transfer of Land (Regulation) Act, 1971. “The State Government had usurped power and directed the Deputy Commissioner to issue sanction for transfer of land in question most illegally beyond the provision of law and prescribed procedure,” Kharbhih said.
She also said that the seven land owners are entitled for recovery of possession of the entire disputed land in full or in part from the two companies which are illegally extracting minerals and transporting it to Bangladesh or any other place within India.
“The land owners are also entitled to claim for compensation under the relevant provisions of the law and for the damage caused to them,” the legal counsel added.
Kharbhih also indicated that the land owners are ready to negotiate and settle the matter amicably if the two companies are ready to accede to their demand.
Copies of the pleader’s notice was also sent to the State Chief Secretary, Commissioner of Revenue and Disaster Management, Principal Chief Conservator of Forest and East Khasi Hills Deputy Commissioner besides Secretary Union Ministry of Geology and Mining and Secretary Union Ministry of Forest and Environment.