SHILLONG: The North East Indigenous Peoples’ Federation (NEIPF) has served a notice to Chief Secretary K S Kropha on Saturday to return the “illegally collected royalty” on coal, limestone and other minerals to the landowners citing the Supreme Court order.
NEIPF chairman, Marshall Biam and Erwin K. Syiem Sutnga, Advocate and Adviser (Legal Affairs) in a letter to Kropha stated that the Government of Meghalaya has failed to bring about an economic rehabilitation plan following the National Green Tribunal (NGT) ban on coal mining which according to the organization has led to the economic crisis in the State.
“In this connection, it is demanded that the share of royalty of the Government of Meghalaya on coal, limestone and other minerals to the landowners realized and collected by the State Government since 1972 excluding the share of the Autonomous District Councils (ADCs) be returned.”
The letter further stated that, “This demand emanates from the irresponsible attitude of the Government of Meghalaya to tackle and solve the complete ban on coal mining in the state by the NGT since April, 2014 and the inability of the Government to effect modification and amendment of the relevant Central acts and rules to protect tribal private land ownership and rights over surface and sub surface minerals.”
“Now Meghalaya is in a state of economic paralysis and this will be made worse by the NGT completely stopping the transportation of coal,” it further stated.
The letter also quoted notable Supreme Court judgment authored by Justice J. Chelameswar which states, “We are of the opinion that there is nothing in the law which declares that all mineral wealth subsoil rights vest in the State.”
The letter quoting Supreme Court order pointed out that, “on the other hand, the ownership of subsoil/mineral wealth should normally follow the ownership of the land, unless the owner of the land is deprived of the same by some valid process. In the instant appeals, no such deprivation is brought to our notice and therefore we hold that the appellants are the proprietors of the minerals obtaining in their lands.”
Sutnga, in the letter, specified an aspect where the court pointed to statutes such as Coking Coal Mines (Nationalization) Act, 1972 and Coal Bearing Areas (Acquisition and Development) Act, 1957, which only contain express provisions for “acquisition of the mines and rights in or over the land from which coal is obtainable.”
He further added that no mining leases except a few are issued by the State Government while the Para 9 of the Sixth Schedule of the Constitution authorizes the State Government to collect royalty only from mining leases issued by it.
Further, pointing out observations of the apex court, the organization in the letter to Kropha added, “Even with regard to the minerals which are greatly important and highly sensitive in the context of the national security and also the security of humanity like uranium – the Atomic Energy Act, 1962 only provides under Section 5 for prohibition or regulation of mining activity in such mineral.”
