The recent media comments by Regeenal Shylla, member of the State Coordination Coal, Miners Dealers and Transporters Association (SCCMDTA), criticising the standard operating procedure (SOP) for coal mining has caught the attention of the Meghalaya High Court.
It may be noted that Shylla had in 2023 filed a writ petition in the High Court challenging the validity of the SOP notified by the Meghalaya government on March 5, 2021. He also sought for quashing of the SOP.
However, his press conference on July 30 where he spoke on a matter that is pending in the High Court has been questioned by lawyers representing the State government during hearing of Shylla’s writ petition on August 2.
The High Court bench of Justice Hamarsan Singh Thangkhiew has directed State government lawyer Nakilin G. Shylla to bring to the court copies of the newspaper clippings and media transcripts containing the statement made by Regeenal Shylla at the press conference.
“The petitioner (Regeenal Shylla) in this writ petition, as it appears from media reports, has spoken to the media with regard to the pending matter and certain statements have been made which will be considered further by this court. Learned Senior Government Advocate for the respondents No. 1-4 to supply copies of the media transcripts and cuttings on the next date,” Justice Thangkhiew said in the order passed on August 2.
The copies of the newspaper clippings and media transcripts will be taken up by the High Court at the next hearing to be held on August 14.
It may be mentioned that at the press conference on July 30, Shylla stated that the SOP for coal mining 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.
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.
According to Shylla, 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,” he said.
Shylla also said that under Section 6 (1) (B) of the MMDR Act, 1957, the power to set the area limit is vested to the Central government.
“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.
