SHILLONG: The Supreme Court will continue the hearing on coal case on Friday.
Due to the urgency involved in the coal matter, the appeals filed by Meghalaya against NGT order imposing a complete ban on coal mining, appointment of Katoki Committee and imposition of fine of Rs 100 crore were being heard by the court on almost day today basis.
The arguments on behalf of the state started on April 23 and continued the next day. Thereafter again the court heard the state on Wednesday and Thursday.
Sources said the broad arguments on behalf of the government were that state is in favour of regulating coal mining activities and it has framed the policy for doing so.
During the hearing, the state narrated the historical and legal background of land tenure system in Meghalaya.
It has been canvassed that Mines and Minerals Development and Regulations Act applies to lease holders only, sources said.
If a land owner is doing the mining himself, there is no question of granting lease to himself. The court during the course of arguments asked about applicability of other laws and it was maintained by the state 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 Centre.
On Thursday, after the conclusion of arguments on behalf of the state and other appellants, Colin Gonsalves, senior amicus curiae argued the case but it remained inconclusive. He is likely to argue for another half an hour on Friday. There will be some more arguments, including on the issue of transportation and the order will be reserved by the court.
Sources said that if the court finally holds that MMDR Act would apply in the state, the government has to follow MMDR Act or if the court holds that MMDR Act is not applicable and mining can be permitted under mining plan and policies of state government, then mining would start as per state policy.
