Shillong, Jun 7: The state government cannot bypass Supreme Court and National Green Tribunal orders on coal mining and any move to allow small-scale mining must follow constitutional and statutory procedures, advocate Erwin K Syiem Sutnga said today.
Speaking to Highland Post on the Jaintia Coal Miner and Dealer Association’s (JCMDA’s) demand to waive some of the prerequisites for so-called scientific mining that prevent smaller mining operators, Sutnga said the issue involves both constitutional and statutory aspects. “The Mines and Minerals (Development and Regulation) Act as well as the Mineral Concession Rules 1960 have to be adapted to the needs of the state,” he said.
He cited the Supreme Court’s July 2022 ruling, which “confirmed and strengthened the constitutional position that land in Meghalaya belongs to the three tribes – Khasi, Jaintia and Garo – and the ownership is not only of the land but also materials like coal, limestone and on the surface like forest and other things.”
Because of that, Sutnga said, “any action taken by the government to open small mining without going through the constitutional procedure to amend the statutes or to enact their own statutes will attract contempt proceedings.” He added that the Supreme Court ruling is clear that statutory laws like the MMDR Act and Mineral Concession Rules must be followed.
“These are the rules themselves that are preventing small-scale mining and they have to be notified,” he said.
On the process for modification, Sutnga said: “It is Para 12 A(b) of the Sixth Schedule. Who has to start that? It is the district council, and then the state government will take over.”
He noted that the JCMDA has drawn attention to the matter and should now “work together with other coal miners, owners and associations, but ultimately come together to help the government because the government needs public understanding and cooperation.”
On Chief Minister Conrad K Sangma’s statement that the Centre is “willing to consider” small mines, Sutnga said: “Now the procedure will be right.”
