Judgment historic says TUR
SHILLONG/ NONGSTOIN: The Hima Nongstoin Land Owners Coal Traders & Producers Association has expressed gratitude towards the Supreme Court of India to restore the ownership of land and its minerals to the landowners, and lifting the ban on coal mining by NGT.
General Secretary of the Hima Nongstoin Land Owners Coal Traders & Producers Association (HNLOCT&PA), Apsharailang Syiem, told reporters at Yo yee Guest House, Nongstoin said the association has been fighting the case against the All Dimasa Students Union to lift the ban for more than 5 years, and it’s a great victory for the association and the people of the state.
“For two years we have appealed to the NGT and it was dismissed on March 30, 2016 and it also filed a civil appeal based on which the SC delivered the judgment that mine owners can own both minerals and land in Meghalaya.
Private owners’ proprietary rights have been accepted and affirmed by the SC and it is a historic judgment for the people of the state, Apsharailang said.
“For many decades no one documented about our culture regarding the land tenure system but today we are so proud that the Supreme Court has recognised the land tenure system of the Khasi people”, he added. Regarding the coal mining in the state, Syiem said that they have to follow the instruction and guidelines framed by the state government related to the protection of the environment and to provide safety measures for the labourers working in coal mines.
He further claimed that all other cases pending
) in the Supreme Court regarding coal mining and land tenure system have been dismissed by the court and only the case of the association is genuine. Meanwhile, Thma u Rangli Juki (TUR) in a statement welcomed the Supreme Court’s judgment on illegal coal mining in Meghalaya, which was delivered on Wednesday. The judgment vindicates the National Green Tribunal’s banning of environmentally destructive illegal rat hole mining in the state, and clearly states that coal mining should be done as per the existing relevant laws including the Mines and Minerals (Development and Regulation) Act (MMDR Act), 1957, Mines Act 1952, Mineral Concession Rules, 1960, Environmental Protection Act, 1986 and others meaning that mining has to be done after the necessary mining plan, mining lease, environmental clearance by the Central Government. In this regard, the Court has upheld the jurisdiction of the NGT in the Sixth Schedule areas as well as its appointment of the Katakey committee, rejecting the contention of the government that the NGT has no jurisdiction.
The court also said the contention of the government about mining lease for privately held/community held land in Meghalaya is “unacceptable and not in good spirit”.
Another important point noted is that the District Councils and the state government have no power to make any law regarding mining lease. All mining leases have to be as per the existing central laws, the statement added.
Mining should not be at the expense of the environment and people’s rights, including labour rights.
TUR has urged the government to implement the historic order of the SC in letter and spirit.