NGT order: Govt to appeal

SHILLONG, MAY 7: Meghalaya forest & environment minister Prestone Tynsong admitted that rat-hole coal mining is “illegal and damaging to the environment” and the state government has decided to regulate such mining activities in the state.

Tynsong said, “Under the Mines and Minerals (Development Regulation) Act rat-hole mining is illegal. It is also damaging to the environment.”

Coal is one of the minerals listed under the National Mines and Minerals (Development Regulation) (MMDR) Act.

Under the Act, for mining of the minerals a government lease is mandatory, but this is not the case in Meghalaya as under the sixth schedule of the constitution land belongs to the people and no lease is required to mine any mineral.

It is in this context, though rat-hole mining is illegal under MMDR and also Environmental Acts, but the constitutional provisions under the sixth schedule gives the state immunity

Tyngsong, however,  said, “Coal mining cannot be banned in Meghalaya as it falls under the sixth schedule of the Constitution, however, steps are being taken to regulate this age old practice to minimize the damaging effects on the environment.”

The National Green Tribunal in its April 17 order had directed the state chief secretary and state DGP to ensure that rat-hole mining/illegal mining is stopped ‘forthwith’ throughout the state and any illegal transportation of coal shall not take place until further orders is passed by this tribunal.

The order came after the All Dimasa Students’ Union moved the tribunal on April 2, blaming illegal rat-hole mining in Jaintia Hills was polluting the Kopili River and turning its water acidic.

Stating that state government would appeal against the order, Tynsong said, “In the appeal, the state government will be citing the peculiar land tenure system in the state, as enshrined under the sixth schedule of the constitution.”

In its order the NGT had also directed the government to come up with appropriate schemes and statutory rules.

“We will be placing a set of schemes and statutory rules before the NGT expressing the state government’s desire to bring in regulation,” Tynsong informed.

Stating that the tribunal’s order is in the right direction, Tynsong said it has given the state government an opportunity to bring about  regulations in the mining sector.

Coal and miners associations from the different part of the state have sought intervention of the state government into the sudden blanket ban of rat hole mining by the NGT.

On being asked, Tynsong however said the decision to appeal against the order is not being taken at the behest of the powerful coal miners’ lobby, which also includes several sitting and former legislators.

Tynsong said it is wrong to presume that the decision to appeal is being taken under pressure.- By Our Reporter

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