The Meghalaya High Court today asked the State government to ensure that any minor mineral mining license is not misused by the licensees to extract limestone for the purpose of export thereof.
While hearing a PIL by Lawyerson War today, the division bench of the court said, “If the end-use is export, the limestone mined will be regarded as a major mineral and a completely different license and control regime has to be adopted for such purpose.”
The order by the court followed the point raised by War on an office memorandum of July 25, 2022 issued by the Ministry of Mines of the Government of India to the State government on the matter.
The second paragraph of the office memorandum of July 25, 2022 states, “The matter has been examined in the Ministry. It is informed that the Central Government in exercise of the powers conferred under Section 3(e) of the MMDR Act has issued notifications no.MII-159(18)-54-A-II dated 01.06.1958 and MII-169(40)/58 dated 12.09.1961 read with notification no.GSR 786(E) dated 23.08.1989, vide which it was declared that ‘kankar and limestone when used in kilns for manufacture of lime used as building material’ is a minor mineral.”
It is an admitted position that a substantial part of the limestone which is mined in the State is exported. The State government has also told the court that considerable revenue is earned by the State as a result of limestone export.
“However, as observed in a previous order in the present proceedings, when a mineral is exported, the end-use of such mineral, as far as this country or the place where it is mined is concerned, would be the export and not how the material is used in the country of import. This is because neither this country nor the State where the mineral originates will have any control as to the use of the mineral once it is exported to the importing country. The word “end-use” used in the relevant memorandum of July 25, 2022 must be seen to be end-use with reference to how the mineral is dealt with within the territorial limits of this country,” the High Court observed.
Meanwhile, the court has decided to hear the matter after a fortnight so that the State government could respond and make alternative arrangements, if deemed fit. The next hearing on the matter will be held on September 27.
