SHILLONG: The State Government’s proposal to carry out coal mining operation by the Meghalaya Mineral Development Corporation (MMDC) has been opposed.
According to the vice chairman of Movement for Indigenous People’s Rights and Livelihood-Meghalaya, Erwin K. Sutnga, the move will completely destroy the land holding and land tenure system and Chief Minister Mukul Sangma has not been adequately advised on the legal aspects.
Sutnga, who is also an advocate, drew the chief minister’s attention to the decision of the Supreme Court in the Threesiamma Jacob case where the rights of private owners of land have been confirmed to extend not only to the surface but also to all minerals and assets above and below the land.
“At the same time, the matter of land ownership in the State is sub judice before the Supreme Court in a pending case of the Hima Nongstoin arising out of the appeal against the order of the NGT. The substantial issue which has to be clarified is tribal land rights in Meghalaya,” he said.
The proposed move to allow MMDC to mine the coal will also give rise to issues under the Sixth Schedule to the Constitution of India and also open the door for mining of uranium which is totally against the wishes of the people, Sutnga said.
According to the advocate, the right way forward is to seek exemptions under Para 12 A (b) and not to allow imposition of central laws without proper modifications.
Besides, coal miners have also expressed opposition to the Government move.
The Jaintia Hills Coal Miners and Dealers Association (JHCMDA) has decided to convene a public meeting to discuss the plan of MMDC to take control of coal mines.
According to JHCMDA, if the proposal is accepted, the tribal people will lose ownership of minerals.
The mine owners also opposed the Government’s plan to opt for mine developer cum operator (MDO) model which, according to them, will invite global players to extract coal, thereby depriving the local people.
BJYM slams govt
The State unit of the Bharatiya Janata Yuva Morcha (BJYM) has also remonstrated about the Government’s proposal.
In a statement released on Thursday, BJYM president Egenstar Kurkalang said the move of the State Government will take away ownership rights of indigenous people, who are empowered by the Sixth Schedule of the Constitution.
BJYM also said the move will pave the way for private companies to enter the sector leading to “harassment of the poor by the rich”.
Kurkalang said the State Government has sidelined the District Council.
He questioned the need for handing over mining to MMDC and cited the example of companies like MCCL, MeECL and MTC, “which have brought disrepute to the State”.