SHILLONG: A prominent city lawyer Erwin K Sutnga on Thursday said that the Union Government had passed the National Green Tribunal Act, 2010 without making any reference to Para 12 A (b) of the Sixth Schedule of the Constitution.
While quoting Para 12 A (b), Sutnga said, “Para 12 A (b) states the President may, with respect to any Act of Parliament, by notification, direct that it shall not apply to an autonomous district or any autonomous region in the state of Meghalaya, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may specify in this notification and any such direction may be given so as to have retrospective effect.”
“In view of the scheme of the Constitution of India it is to be stated clearly that it is doubtful that the National Green Tribunal has any jurisdiction in the Autonomous District because of the mandate of Para 12A(b),” the lawyer said, while adding, “It is time our Members of Parliament fulfill the role they have been entrusted with – to oversee that laws which conflict with our indigenous rights are not applied wilfully without considering our unique position within the Union of India as provided by law under the mandate of the Constitution of India.”
Addressing a press conference in the city on Thursday, Sutnga appreciated the NGT ban, but added that this action of the NGT “is a negation of our unique rights and points to the lack of proper initiative by the Government of Meghalaya and the Autonomous District Councils”.
“The need of protecting and preserving the environment is imperative and will be supported by all right thinking citizens,” he said.
“The State today, especially in the Jaintia Hills and West Khasi Hills, has been put in precarious jeopardy due to the ban on coal mining and sale of coal imposed by the NGT,” Sutnga said.
Sutnga pointed out that the Meghalaya Mining and Mineral Policy, 2012, had been passed during the tenure of Bindo M. Lanong as the Deputy Chief Minister in charge of Mining, but the Policy was shelved and it took the present ban by the NGT to shake the State Government to awake to the realities of the situation whether be it protection and preservation of the environment or regulation of mining in the State.
“It was expected that the said Policy would address the need to bring about control and supervision of mining operations in the State taking into consideration the needs of preserving the environment and the vital need to sustain the livelihood of our people in the coal areas. But because of this lackadaisical approach, our inherent rights over land and minerals are encroached upon by agencies like the NGT,” Sutnga said.
Sutnga recalled that a similar situation had been created in 1996 when the Supreme Court imposed a ban on timber trade resulting in unspeakable sufferings to the people of the State who earned their living from timber.
“Later, when the apex court was made to understand our unique position, the matter was entrusted to a High Powered Committee, the State Government and the Autonomous District Councils for regulation and management,” the lawyer added.
Pointing to the application made by the All Dimasa Students’ Union, Sutnga said that the contention of the learned counsel for the applicants is erroneous and misconceived, not being grounded in facts and without knowledge of the prevailing situation with regards to the traditional practices relating to land and mining.
“The three Autonomous District Councils have not been made party to the application showing a serious infirmity,” he stated.