State to deposit Rs 100 crore with pollution control board
Our Bureau
NEW DELHI/SHILLONG: After five years of legal wrangling, the Supreme Court on Wednesday lifted the National Green Tribunal’s ban on coal mining in Meghalaya but made it clear that the mining should be done as per the MMDR Act 1957 and other related rules concerning safety of the workers and the environment.
Though the court acknowledged the rights of the tribals over land and minerals, the role of the Centre and state government was emphasized to ensure safe mining.
The court said the manner in which the mining is being carried out by the tribals cannot be approved which is clearly in violation of statutory regime under 1957 MMDR Act and 1960 Mineral Concessions Rules “but in event the mining is carried out by tribals or their assignees as per the provisions of 1957 Act and 1960 Rules, there can be no objections in carrying such mining under the regulation and control of State of Meghalaya’.
“We thus clarify that in the event mining operations are undertaken by the tribals or other owners of hills districts of Meghalaya in accordance with mining lease obtained from the State of Meghalaya as per 1957 Act and Mineral Concessions Rule, 1960, the ban order dated 17.04.2014 of the tribunal shall not come in its way of carrying mining operations. The ban order is for the illegal coal mining which was rampant in the State of Meghalaya and the ban order cannot be extended to valid and legal mining as per 1957 Act and 1960 Rules”, the order said.
The apex court also directed the Meghalaya government to deposit Rs 100 crore as suggested by the NGT with the Central Pollution Control Board (CPCB) for failing to curb illegal coal mining.
Since the state is facing financial crunch, the amount will have to be taken from Meghalaya Environment Protection and Restoration Fund (MEPRF).
The total amount collected under MEPRF is over Rs 433 crore.
The apex court accepted the contention of the state government that a penalty of Rs 100 crore as imposed by the NGT would cause hardship to the small state like Meghalaya.
Burden of the fine has not been imposed on the state government but rather on the illegal miners and transporters of illegally mined coal.
The court also upheld the formation of the NGT appointed committee headed by retired justice B P Katakey though the state government wanted its withdrawal.
The bench of Justices Ashok Bhushan and KM Joseph directed the state administration to hand over the already extracted coal to Coal India Limited (CIL) which will auction it and deposit the funds with the state government augmenting its revenue.
The state, in turn, will remit certain mount to the lawful coal mine owners.
The bench also allowed the mining operation to go on in the state on the privately and community owned land subject to the permissions from both the central and state authorities.
“Private owners of the land as well as community owners have both the surface right as well as sub-soil right”, the order said.
During the long hearing which resulted in a bulky judgment of 203 pages, the state Advocate General, Amit Kumar and Counsel Ranjan Mukherjee argued for the protection of the rights of the indigenous tribal population of Meghalaya.
They vociferously contended specifically that the tribals have the right over the land, and also possess proprietary rights over the extracted mineral.
This was upheld by the Supreme Court which has much significance.
“It is a first in the history of Meghalaya that the top court of the country has acknowledged the unique position of tribals in the state of Meghalaya and has acknowledged and affirmed the rights of the tribals over the lands and minerals,” an official statement said. It also described the judgment as historic.
The mining in tribal lands will be permitted subject to requisite lease from the owner of the tribal land, and with approved mining plan.
The state can look towards the future by initiating scientific mining practices under the regulatory framework, the statement said.
There is no longer a regulatory void with the coming of the judgment of the Court and the mining activities can be restarted following the guidelines, it added.
The court has passed as many as 15 directions, thereby giving a green-light to mining operations in the state, subject to strict compliance of the regulatory frame-work.
According to the state government, the judgment is likely to pave the way for the future and is a victory for the efforts to bolster and protect the rights of its tribal citizens and also of all stake-holders who were suffering on account of the ban on coal mining.
A report of the three-member committee, headed by retired Justice Katakey, had stated that there were around 24,000 mines in Meghalaya and majority of them were operating illegally.
It had also said that not only were there no licenses or leases, but also no environmental clearance for operation of majority of the coal mines.
The allegations of environmental degradation by illegal and unregulated coal mining were fully proved from materials on the record including the report of the experts, report of the Meghalaya State Pollution Control Board, the report of former High Court Judge BP Katakey committee, which all proved environmental degradation of water, air and surface
-Bench of Justices Ashok Bhushan and KM Joseph
q State directed to deposit Rs 100 crore with the Central Pollution Control Board (CPCB) for restoration work. Allowed to transfer the amount from the Environment Protection and Restoration Fund.
q CPCB, as directed by the National Green Tribunal (NGT), will utilise the amount only for restoration of the environment.
q Environmental clearance required for a project of coal for mining of any extent of area. State has to ensure compliance of not only MMDR Act, 1957 but Mines Act, 1952 as well as Environment (Protection) Act, 1986.
q Private owner/community owner of the land, who is also the owner of the mineral, can grant lease for mining of coal as per provisions of law after obtaining approval of the central government through the state government.
q In the event mining operations are undertaken in privately owned/ community owned land in ‘Hills Districts of Meghalaya’ in accordance with mining lease with approved mining plan as per Act, 1957 and Mineral Concessions Rule, 1960, the ban order dated April 17, 2014 of the tribunal of the NGT shall not come in way of carrying mining operations.
q All extracted coal as assessed by Meghalaya lying in different districts…which as per order of NGT is in custody of…Meghalaya shall be handed over to Coal India Ltd. for proper disposal. The Katakey Committee after discussion with Coal India Ltd (CIL) and Meghalaya shall formulate a mechanism for transport, weighment of all assessed coal.
q CIL to auction the coal received by it as per its best judgement and remit the proceeds to state.