State Level Assessment Authority to deal with license, lease issues
SHILLONG: In a relief to those who were affected by the ban on extraction and export of minerals including limestone, the Full Bench of the High Court of Meghalaya after hearing two review petitions, on Thursday, acknowledged the formation of the State Level Environment Impact Assessment Authority (SLEIAA) for giving license or lease for extraction of minerals instead of the Central Empowered Committee as suggested in an earlier order.
In its earlier order on June 30 this year, the Full Bench of the High Court had said that, except in cases where license for extraction of minerals has already been granted or lease deed for that purpose has already been entered into in accordance with the directions of the Supreme Court, “all other mining activities shall have to stop and in future the State shall not grant any license or enter into a lease deed for extraction of minerals without consultation with the Central Empowered Committee (CEC), drawing a comprehensive scheme and creating a fund for reclamation in the interest of sustainable development and intergenerational equity, and for the purpose of rectifying the damage caused to the forest and environment.
The Court had issued the order after dismissing a writ petition of one Tangkham M Sangma from Tura, West Garo Hills, whose authorized check gates at East Garo Hills were closed down by the authorities.
The check gate was set up for collection of compensatory fee from the trucks loaded with minerals like coal and limestone for reclamation of un-classed forests falling within the jurisdiction of the GHADC.
After the June 30 order banned the extraction of minerals, both the State government and private parties who depended on extraction and export of minerals, had filed a review petition before the Full Bench of the Court.
Though the hearing was concluded on October 14, the judgment was reserved for Thursday.
As per the order, the State government was exempted from seeking nod from Central Empowered Committee as the government through various notifications has informed the Court about the formation of State Level Environment Impact Assessment Authority to give license for extraction of minerals.
The Court said that the judgment of June 30 is “modified only to a limited extent that since the statutory agency, State Level Environment Impact Assessment Authority (SLEIAA), has been constituted now State shall seek clearance from the SLEIAA for grant of any license or lease for extraction of minerals which shall act in accordance with law instead of CEC. As regards second and third directions, namely, drawing a comprehensive scheme and creating a fund for reclamation in the interest of sustainable development and intergenerational equity and for the purpose of rectifying the damage caused to the forest and environment, we do not find a valid ground to interfere”.
The June 30 order of the Court had said that the State government, in order to reclaim the damage caused to the forest and the environment, as a result of mining activities, even if permitted under the rules, “shall have to draw a comprehensive scheme and create a fund for reclamation wherefore an amount to the extent of not less than 10% of the sale proceeds of the minerals extracted under the license or lease deed and in accordance with the principle that a ‘polluter shall pay’ can be validly charged”.