Tuesday, November 26, 2024
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SC reserves order on ban on coal mining

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NEW DELHI: After hearing various petitions on coal mining ban in Meghalaya for about a week, the Supreme Court on Wednesday reserved its order.
The order is expected in July after the summer vacation of the court from May 11 to June 30.
The matter pertaining to the NGT ban imposed on Meghalaya was heard by a Supreme Court bench comprising Justice Ashok Bhushan and Justice K.M Joseph. Additional Solicitor General and senior advocate ANS Nadkarni argued for the Centre.
The court also heard applications for transportation of already extracted coal and the order in this regard will be delivered on May 10.
The Meghalaya government has maintained that it is in favour of regulated coal mining activities in the state.
The state government said this in the apex court during a hearing on a petition filed by Lber Laloo, who wanted the ban on coal mining, imposed by the NGT since April 2014, to be lifted. State advocate general Amit Kumar and the state counsel Ranjan Mukherjee were present in the court and argued the matter.
The issues include appeals filed by the state against the NGT order imposing complete ban on coal mining, appointment of Justice (retd) B.P. Katoki committee by the Tribunal and the NGT order asking the government to deposit Rs 100 crore with the Central Pollution Control Board.
Kumar said the arguments on behalf of the state started on April 23 and continued on April 24. Thereafter, the state was again heard on May 1 and 2.
The state is heavily depending on the historical legal background of the land tenure system in Meghalaya.
The state argued in the apex court that the Mines and Minerals Development and Regulations Act (MMDR) apply to lease holders only.
If a land owner is doing the mining himself, there is no question of granting lease to himself. The Supreme Court, during the course of arguments, had asked about the applicability of other laws.
The state maintained that mining act and all other acts would apply to coal mining and the state has already informed its decision to implement all other laws to the central government.

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