SC directs Centre to take final decision on coal ban in M’laya

SHILLONG, FEB 19: The Supreme Court has directed the Centre to take a final decision on the issue related to the ban on coal mining in Meghalaya within one month.

“In view thereof, we expect the Government of India to take a final decision within one month,” the three judge bench comprising of Justice AK Sikri, Justice S Abdul Nazeer and Justice MR Shah said in its order passed on Tuesday.

Earlier in May last year, the Additional Solicitor General ANS Nadkarni had stated that the Government of India is likely to take final decision on the matter within three months.

The attention of the Court was also drawn to the August 10, 2015 -letter of the Ministry of Coal.

The Ministry of Coal through the letter had conveyed to the Ministry of Home Affairs (MHA) its decision to exempt Meghalaya from the application of the Mines and Minerals (Development and Regulation) Act, 1957 and Coal Mines (Nationalisation) Act, 1973 in as far as coal and lignite is concerned.

“It appears that final decision has not been taken (on this matter) so far,” the bench said.

During the hearing, Additional Solicitor General informed that some information was called for from the state of Meghalaya.

Though, it was initially furnished, however, in December last year, another letter was written by Government of India to the State of Meghalaya for furnishing some more information, he said.

However, Shekhar Naphade, counsel appearing for the state of Meghalaya responds by saying that the said information has also been provided.

Meanwhile, the bench has also directed the Meghalaya government to file affidavit within four weeks with regards to the various interlocutory applications filed for transportation of coal already mined.

Naphade has stated that the state government has constituted a committee in this regard, for the entire state, to study various aspects of this matter. He said the government of Meghalaya would be in a position to file the response after receiving the report from the said committee.

However, the bench said that the applicants can make their representation before the said committee in writing. Meanwhile, the next date of hearing the matter has been fixed on March 26.

By Our Reporter