Limestone exporters in Meghalaya under the banner of Meghalaya Steering Committee of Minor Minerals Mining Lease License Holders have decided to move the Supreme Court against the recent judgement passed by the Meghalaya High Court which banned the export of minor minerals.
A delegation of the steering committee is currently in New Delhi to consult senior lawyers of the Supreme Court on the matter.
All papers related to the filing of the special leave petition in the Supreme Court have been prepared and signed by steering committee chairman Jropsingh Nongkhlaw.
The steering committee said that it decided to challenge the High Court judgement before the Supreme Court as export of limestone has been stopped resulting in loss of livelihood to many people directly or indirectly involved in the limestone mining and trade.
The division bench of Meghalaya High Court in a judgement passed on November 24 has put an end to the misuse of the minor mineral license for export of limestone from Meghalaya to Bangladesh.
While disposing of the PIL filed by Lawyerson War, the High Court said that if the purpose of quarrying or mining limestone is for export, a major mineral license has to be obtained for the purpose after complying with all formalities.
“The State cannot subvert the mechanism put in place by a law of Parliament by openly allowing limestone to be mined or quarried under a minor mineral license for it to be ultimately exported,” the High Court observed.
According to the High Court, limestone would be a minor mineral only if used in kilns for manufacture of lime used as a building material.
The court also said that when limestone is permitted to be quarried or mined under a minor mineral license in the State, the State government is required to keep a strict vigil on the end-use of the mineral and ensure that no part of the limestone is exported in any manner or form.
The High Court also directed the State government not to allow the export of limestone that is mined or quarried by persons under a minor mineral license by obtaining regular end-use certificates from the licensees, verifying the same and presenting annual reports in such regard for cross-verification by the office of the Accountant-General under the aegis of the Comptroller and Auditor-General of India.
“This process will continue for the next ten years unless interdicted by an express order of a competent court,” the High Court said.
The High Court also imposed a fine of Rs 2 crore on the State government as damages for issuing minor mineral licenses for limestone used for export. The court directed that the amount will go towards the purchase of additional equipment for cancer treatment at the specialised unit installed at the Shillong Civil Hospital.
The court asked the Accountant-General to audit and verify the purchase of equipment exclusively from the amount of damages awarded and not from funds that may otherwise be made available by the State to the cancer unit. It also said that such money has to be put in by the end of January, 2023.
