NEW DELHI/ SHILLONG: The Supreme Court has deferred till December 4 the hearing on several petitions against the ban on coal mining imposed by NGT and the state government for the first time challenged the ban imposed by the Tribunal.
The issue of transportation of extracted coal was also taken up by the state government counsel Ranjan Mukherjee, and the matter will be decided by the court during the next date of hearing.
The counsel had pleaded for the extension of transportation of already extracted coal till May 31 next year.
As on May 31 this year when the transportation of coal was stopped, the quantity of extracted coal was 1,76,655 metric tonne.
The state government, for the first time after four and a half years of the ban, challenged the order of NGT.
During the hearing on Monday, a request was made that the appeal of the state government should be heard first which was accepted by the Supreme Court.
The government questioned the power and jurisdiction of the NGT to impose indefinite ban on coal mining in the state and also questioned NGT’s order on August 31 which facilitated the appointment of an independent judicial committee headed by retired judge BP Katoki for management of Meghalaya Environment Restoration Fund.
It was also argued that NGT by appointing an independent committee for management of Meghalaya Environment Restoration Fund has tried to take away the power of the Executive.
Another argument by the government was that this is also not permissible under the Constitution, statutory law and also under the Sixth Schedule of the Constitution.
The bench comprising Justice A.K Sikri and Justice R. Subhash Reddy, observed that they have followed the argument of the state government.
State Advocate General Amit Kumar was also present during the hearing.
The Supreme Court deferred the matter to be heard on December 4 based on the request of Colin Gonsalves, Senior Advocate.
Gonsalves was also appointed Amicus Curiae (friend of the court) to assist the Supreme Court since All Dimasa Students’ Union and Dimasa Hasao District Committee and others were not represented by any lawyer to respond to the appeals filed by both the state and central government.
Dimasa bodies were the first petitioners and it was based on their plea that the NGT had banned coal mining in Meghalaya in April, 2014. The NGT order was also challenged before the Supreme Court by the State Coordination Committee of Coal Owners’ Miners’ and Dealers’ Forum and Garo Hills Autonomous District Council.
Lber Laloo, a private miner from Jaintia Hills has also challenged the order of NGT imposing ban on coal mining.
The case was pending for almost one year and it was listed on Monday before the Supreme Court.
Hima Nongstoin Land Owners, Coal Traders and Producers Association has also filed an appeal in the Supreme Court against the earlier order of NGT directing the state government to take custody of coal not transported so far.
The association wanted extension of time for transportation of the already extracted coal.
It was submitted that the state is not opposing banning of rat hole mining but all other forms of mining cannot be banned. The state government is against complete ban on mining.
It was also submitted that the Supreme Court should clarify on the order of NGT that other forms of coal mining i.e. box mining or scientific mining of coal are not banned in Meghalaya.
The Apex Court issued notice to various parties including the Centre on the appeals of the state government and others.
The court also wanted to know on whose application, NGT had passed the ban order.
