John Kharshiing takes a leaf out of Nagaland’s book to oppose coal mining ban
SHILLONG: In a bid to challenge the National Green Tribunal order banning coal mining in Meghalaya, the Grand Council of Chiefs of Meghalaya (GCCM) has invoked a constitutional point that has been used in Nagaland in the past to stall commercial exploration of oil.
The GCCM has expressed serious concern over the constitutional validity of the coal mining ban. “We have strong doubts if the ruling of the NGT to ban coal mining has any constitutional validity in Meghalaya since the ownership of land belongs to the people and not with the Government like in the rest of the country,” GCCM chairman John F Kharshiing said in a Press conference in Shillong on Wednesday.
In asserting the ownership rights of people over land in Meghalaya, GCCM has invoked the treaty rights agreed upon between the Indian Government and the Federation of Khasi States. Kharshiing said that “the intrusion and the recent ban” by the NGT was unconstitutional as it violated the treaty rights agreed upon between the Indian Government and the Federation of Khasi States.
By contrast, the powerful civil societies in Nagaland had invoked article 371A to say that the people had the exclusive right over land and its resources. Not to be outdone, the Centre had countered with provisions of the seventh schedule of the Constitution and the Minerals Regulation and Development Act, 1957, to argue that regulation and development of oilfields, mineral oil resources, mines and mineral development were the exclusive preserve of the Union government. The Centre’s request that the Nagaland Petroleum and Natural Gas Regulation, 2012, be withdrawn had led to a spat between Delhi and Kohima.
Kharshiing recalled that the people of Meghalaya had also opposed the Coal Mines Nationalisation Act 1973 was as this Act spoke of acquisition of the rights of owners of coal mines.
“We fear there is a similar intention of taking away the rights of the land from our people with the NGT coming out with this ruling,” the GCCM chairman said.
Kharshiing informed that the Centre in the past had leased out around six coal mining areas located in various parts of Khasi Hills. A coal mine at Borsora was leased to Assam Bengal Company Limited (ABCL) and another coal mine in Sohra area to Cherra Chhatak Ropeway Company Limited. “I am told that there are still barricade of the coal mines in Borsora which was put up by the company,” he said.
“The pertinent question here is how can the Centre through these acts own tribal Khasi, Jaintia and Garo Land in Meghalaya and in turn lease to mining companies to mine coal. One can understand if Government leased their own land to mining companies but that cannot be the case in Meghalaya,” the GCCM chairman said.
He argued that the provisions laid down in the Coal Mines Nationalisation Act 1973 and the Mines and Minerals (Development and Regulation) Act 1957 had been framed and legislated to have jurisdiction over Indian Land. Their jurisdiction and extension over land, water, forest and minerals of Khasi states, Jaintias and Garos “is in our view a constitutional anomaly.”
GCCM had submitted a memorandum to Chief Minister Mukul Sangma seeking his intervention on the validity of the ruling of the NGT, he said.