NEW DELHI: The uncertainty over coal mining in Meghalaya may come to an end with the Supreme Court on Tuesday ordering the Centre to take a final decision within one month on the proposal of the Meghalaya government for exempting the tribal state from central mining rules since it comes under the Sixth Schedule of the Constitution.
The apex court also ordered the Meghalaya government to give the report on claims made by the applicants seeking transportation within four weeks. On the issue of transportation, Meghalaya has constituted a technical committee to assess the coal already extracted.
The case was posted for hearing on March 26. The bench also said the report of the Katoki committee on mining and its impact on Meghalaya will be heard along with the main case on the same day.
For a long time, the Meghalaya government has been demanding that the hill state should be exempted from the Mines and Mineral Development Act under the Sixth Schedule. If this is accepted, then the state will be able to allow mining activities without any central permission unlike other states.
The Meghalaya government hopes that if the Centre accepts its proposal and the court accepts the same, mining activities can be resumed in the state after years of suspension.
The mining activities were banned in Meghalaya by the National Green Tribunal (NGT) since 2014 because of severe impact on the environment.
The government also hopes that the issue of transportation will not arise as the opening of coal mines would end it. It also feels that the concerns raised by the Katoki committee will have no relevance once mining is allowed by the Supreme Court.
The coal mining cases came up for hearing before the bench of Supreme Court comprising three judges headed by Justice Sikri.
Meghalaya was represented by Advocate General Amit Kumar, Supreme Court lawyer and state counsel Ranjan Mukherjee and others.
The government advocates argued that the Ministry of Coal has already given consent to grant exemption to Meghalaya for mining coal and lignite and this was intimated to the Home Ministry way back in 2015.
The Supreme Court had already directed the Centre last May to take a decision within three months but it had not taken any decision.
Interestingly, Additional Solicitor General appearing for the Government of India informed the Supreme Court that the Centre had communicated some issues in December 2018 to Meghalaya government and the Centre is yet to get any response. But he did not clarify the issues intimated to the state government.
