By Patricia Mukhim
Sometimes nature comes to the rescue of hapless citizens. The Madras High Court’s loss is Meghalaya’s gain and I say this because Meghalaya now has a Chief Justice who was hounded out of the Madras High Court simply because he stood for certain principles of justice. Perhaps it is the destiny of Meghalaya’s citizens that we now have a Chief Justice and the other Justices who are taking cognizance of the decrepit governance and the complicity of the state in facilitating illegalities, particularly in the area of coal and limestone mining. Some of the recent orders of the High Court are an indictment on the State Government.
Environmental disaster awaits Meghalaya if we continue to ‘exploit’ the earth through ruthless, unregulated mining, large scale quarrying of boulders of which at least 300 trucks a day are sold to Bangladesh via the Tamabil border, all without a Mining Policy in place. Most of our rivers have lost their vibrancy with sand banking becoming another grossly unregulated activity. The State Government conveniently shifts responsibility to the District Councils and traditional institutions for issuing the highly problematic ‘no objection certificates’ (NOCs), as if they are entitled to circumvent the laws of the land.
Large sections of Meghalaya’s citizenry are afflicted by a deep sense of dystopia and as someone has correctly stated, ‘environmental disaster is the backdrop to this modern dystopia.’ We are passing through the ‘Moral Blindspot’ of our times. The fact that an entire governance system carries on with a business- as- usual attitude as if everything’s alright with their world, even while the ordinary citizen suffers is actually a mockery of the democratic ethos we proudly proclaim on Republic Day and Independence Day.
In April 2010 Mukul Sangma took oath as Chief Minister of Meghalaya and in November 2012, Meghalaya came up with the Mines and Minerals Policy 2012. This Policy lists out many pious objectives including reclamation of abandoned coal mines and greening up such reclaimed spaces. But this remains a nice paper to read. It was thrown out by the mining lobby that had a vicious grip on the government then and now. Barely a month after the Mining Policy came up the Meghalaya Government amended the Forest Regulation Act, 1973 and actually “redefined” the meaning of forests in Meghalaya in December that same year. The new definition says only a compact and continuous tract of minimum four hectares will now be considered a forest in the state. The then Government claimed that the amendment would give clarity to the “unclear” definition of forests. By the new definition an area should have more than 250 naturally growing trees with a girth size of 15 cm or more per hectare for the place to be regarded as forest. In case of a bamboo dominant patch, more than 100 naturally growing clumps should be present per ha. In case of mixed vegetation, the number changes to 150 trees and over 40 bamboo clumps.
The sad reality is that nowhere in Meghalaya will anyone find such a place to call a forest. This was done to facilitate forest clearances and alienation of land for coal extraction and limestone mining in forest areas and to clear the forests for setting up cement plants.
It is not understood why limestone is classed as a minor mineral. As per Section 3(e) of the Mines & Minerals (Development & Regulation Act) 1957 “Minor Minerals” means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by notification in the Official Gazette declare to be a minor mineral. The major-minor classification has nothing to do with the quantum /availability of these minerals, though it is correlated with the relative value of these minerals. Further, this classification is based more on their end use, rather than level of production, level of mechanization, export and import etc. (eg. Sand can be a major mineral or a minor mineral depending on where it is used; same is the case for limestone.) Considering that limestone by the millions of tonnes is exported to Bangladesh apart from it being used in our home-grown cement companies, is it not time to consider it a major mineral? Also considering the fact that LagargeHolcim the international cement producing giant is sourcing limestone at the rate of two to five million tonnes annually from, Nongtrai in Meghalaya via the 17 km long conveyor belt for its cement factory at Chattak, is it convincing to term limestone a ‘minor’ mineral?
At the rate at which all these minerals, sand and boulders are being gouged out relentlessly with no respite in sight, Meghalaya’s hilltops are coming down one after another and with serious environmental consequences. Very recently, the Meghalaya Government had said it would apply the MMDR Act 1957 for coal mining. As far as ‘minor minerals’ are concerned the State notified the Meghalaya Minor Minerals Concession Rules (MMMCR), 2016 to regulate grant of leases and quarry permits for minor minerals. Clause (g) of Rule 2 read with Schedule III of the Rule provides that limestone of any grade may be termed as minor mineral when it is used in kilns for manufacturing of lime used as building materials.
Under Section 40 of the Meghalaya Forest Regulation (Application and Amendment) Act 1973 read with Rules 2(a)(iii) of the Transit Rules under the Act, no forest produce shall be removed unless covered by a transit pass issued by a forest officer, in token of full payment of amounts due to the Government. The CAG report 2019, pointed out that there was non-realisation of fee for issue of transit pass. The State Forest Department failed to realise fees amounting to Rs 11.87 crore at the check-gates while issuing transit passes to 1,18,682 trucks, transporting limestone outside the State
The Department of Forest & Environment, Government of Meghalaya had 37 check-gates out of which, 23 check-gates were established along the inter-State boundary in order to prevent unauthorised transportation of forest minerals and to ensure payment of royalty and other fees. The Department of Forest & Environment, Government of Meghalaya notified in October 2013 that all trucks carrying minor minerals outside the State shall be required to pay a sum of Rs 1000 per truck as transit fee at the State Forest check-gate, established along the inter-state boundary. Audit observed (February 2019) from the records of the DFO, Jaintia Hills Territorial Division, Jowai that 1,18,682 trucks were issued transit passes by three check-gates for transporting limestone outside the State/country between October 2016 and March 2018, without ‘realising; the fees at the prescribed rates from the trucks as per the Government notification. Thus, inaction on the part of the DFO and the Departmental staff has not only resulted in contravention of the Government’s notification but has also led to non-realisation of fee of Rs 11.87 crore to the Government. The case was reported to the Forest and Environment Department, Government of Meghalaya in July 2019. The Department in its reply (March 2020) stated that minerals accruing from mining lease areas under MMMCR, 2016 are certified as non-forest produce and collection of export fee is not applicable.
The CAG observed that the reply is untenable as per Government’s notification (October 2013), whereby fee for issuing of transit pass is required to be levied on trucks carrying minor minerals from any forest or non-forest area. Since the audit observation pertains to the period October 2016 to March 2018, the notification mentioned above was in effect and therefore, fee for issuing of transit pass is required to be realised.
Subsequent notification of January 2020 was not applicable in these cases. Thus, the non-realisation of fee for issuing of transit pass on minor minerals exported outside the State has resulted in loss of revenue to the State exchequer. No further reply was communicated up to September 2020. Due to absence of proper procedure and controls of the DFO to direct the check-gates officials to realise the fee against transport passes issued, transporting minor minerals outside the Country/State passed through three check-gates without payment of transit fee resulting in a loss to the exchequer of Rs 11.87 crore.
But the above is only the tip of the iceberg. On a daily basis monetary transactions happen where payments do not accrue to the State exchequer but pass through private hands, as happens in the mining and transportation of coal.
At one time the Principal Chief Conservator of Forests also held the office of Principal Secretary Forests which can and perhaps has resulted in conflict of interests. Such appointments, while they may serve short-term political interests, are detrimental to governance. The same is being repeated where Forest Department officials are now holding administrative jobs because they dance to the tune of political executives.
This is Meghalaya’s plight and a blight on the state. There are many who want to speak out against all these wrongdoings but have no platform. Some have decided that “if you cannot beat them, you join them,” hence people in droves are joining the NPP in recent times. They hope the Party will get a majority in 2023 and there will be merry-making thereafter for the next 5 years.
Sadly Meghalaya seems destined to slide further down the precipice where we stare at a black hole of hopelessness.