The standard operating procedure (SOP) notified by the Meghalaya government on March 5, 2021 stating that grant of prospecting licence and mining lease for coal in the State shall be for an area of not less than 100 hectares will give monopoly to rich tycoons in mining business.
This was stated by Regeenal Shylla, member of the State Coordination Coal, Miners Dealers and Transporters Association (SCCMDTA), to media persons here today.
According to Shylla, the SOP is favourable to rich business tycoons who can afford to acquire 100 hectares of land while small coal traders who cannot afford to acquire such a huge tract of land would be deprived.
“This SOP has deprived the local indigenous people who have less than 100 hectares which disqualify them for making an application before the concerned authorities for applying prospecting license,” Shylla said while adding, “Persons who have less than 100 hectares have no choice other than to sell the land to those tycoons, which is basically n exploitation of the people’s land.”
He also pointed out that in the Mineral Concession Rules, 2016 with amendments dated July 11, 2017, January 29, 2018, December 20, 2018, January 24, 2019, September 21, 2020 and January 16, 2021, no such provisions of minimum area of 100 hectares could be found to be authorised for coal prospecting license and/or mining lease.
Stating that this clearly shows the monopoly in the field of coal mining in Meghalaya, Shylla said it paves a way for business tycoons to gain undue profit and also exploit people who do not have such vast areas.
“By bringing the SOP into force, the State government has clearly demonstrated its intention to deprive the people who are willing to pursue mining activities as per permissible law and rules,” he added.
Shylla also informed that the Forum had also challenged the SOP before the Meghalaya High Court because as per the MMDR Act 1957, the minimum area for mining lease should be not less than four hectares.
“The question now arises as to from which provisions of law the State government has set an area of minimum 100 hectares. This shows the government wants to bulldoze the livelihood of people and trample upon rights of the people to benefit a few business tycoons,” he said.
He also questioned the provision which stated that every fresh grant of mining lease in respect of major minerals, including coal, with a mining lease area exceeding five hectares of land and for their extensions and modernisation has to obtain site clearance and environmental clearance from the Ministry of Environment & Forest.
“Under Section 6 (1) (B) of the MMDR Act, 1957, the power to set the area limit is vested to the Central government. Thus, the State government is not empowered to set the minimum area for granting prospecting licenses or mining leases. Hence, the SOP notified by the Meghalaya government is liable to be interfered with and scrapped by the court,” Shylla said.
