ADC has no power to grant mining lease
SHILLONG: The Supreme Court has pulled up the state government for undermining the authority of the Parliament regarding mining regulations required for coal mining in Meghalaya.
The apex court in its order on Wednesday said the country is being governed by the Constitution of India and all the states are to implement Parliamentary Acts in true spirit.
The court observed that despite Meghalaya being advised time and again by Comptroller and Auditor General and is well aware of its statutory obligation, Meghalaya had to state before the court that there is no requirement of mining lease for mining the minerals.
Besides the issues related to mining lease, the Comptroller and Auditor General had also clearly stated that the MMDR Act, 1957 is fully applicable for regulation of mines and regulation of minerals in Meghalaya, the court said.
“The stand of the state taken before this court gives the impression that instead of implementing the parliamentary enactment and regulatory regime for mineral regulation, some vested interests want to continue the illegal regime of illegal mining to the benefit of the few persons which is unacceptable and condemnable”, the court said.
The court also said the District Council does not have any power to make any law with regard to grant of mining lease. The mining leases for mining the major minerals have to be granted in accordance with 1957 MMDR Act and Mineral Concession Rules, 1960.
The court also pointed out that there is nothing in Sixth Schedule of the Constitution which in any manner excludes the applicability of MMDR Act, 1957 in the tribal areas of Meghalaya.
Other Acts to be followed
The court has made it clear that while implementing statutory regime for carrying mining operations in the ‘hills districts’ of Meghalaya, the state has to ensure compliance of Mines Concessions Act, 1952, which deals with safety of works and Environment (Protection) Act, 1986 besides the MMDR Act, 1957.
NGT lauded
According to the court, a fine balance has to be maintained in utilisation of natural resources and its conservation and preservation.
“One cannot be sacrificed for the interest of other. The concept of sustainable development has been evolved and is being pursued. We do not find any error in the order of NGT reaffirming its ban order in the facts of the present case”, the court said.
Court mentions Ksan case
The court said the fact that 15 coal mine workers were trapped during coal mining activities on December 13 last year, proves beyond any shade of doubt that the NGT order on April 17, 2014 banning mining in the entire state of Meghalaya was neither been enforced nor serious endeavours were taken by the state or its authorities to save the environmental pollution.