Newmai News Network
SHILLONG, July 30: The Meghalaya State Coordination Committee of the Coal Owners, Miners, Exporters, Transporters and Dealers Forum (MSCCCOETDF) has decided to hold series of public meetings to pressurize the state government to immediately scrap the alleged “illegal” standard operating procedure (SOP) for granting prospecting license and or mining lease for coal in the state.
“The decision was taken after the state government failed to address the issue despite a memorandum being submitted before the Chief Minister Conrad K Sangma on July 2,” executive member of the forum, Reginald Shylla told reporters today.
He said that the forum would be holding series of public meetings in different coal rich districts of the state, to sensitize people about the SOP issued by the government of Meghalaya on March 5, 2021 for being contrary to the Mining and Minerals (Development and Regulation) Act, 1957 and the same notification (SOP) is arbitrary exercised by the state of Meghalaya beyond the principle of delegated legislation.
The SOP had indicated that grant of prospecting license and/or mining lease for coal in the state of Meghalaya shall be for an area not less than 100 hectares.
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“However, this SOP has deprived the local indigenous people who have less than 100 hectares which disqualify them for making an application before the concerned authorities for applying prospecting license,” Shylla said while adding, “It is pertinent to state that the stated SOP is favourable/benefits to those business tycoons, depriving the persons who have less than 100 hectares and in the event having no resort other than to sell the land to those business persons, which is basically n exploitation of the people’s land.”
He also pointed out that 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 authorized for cost prospecting license and/or mining lease.
Further, Shylla informed that the Forum would also approach the three MPs – Tura MP Saleng A Sangma and Shillong MP Ricky AJ Syngkon and lone Rajya Sabha MP Dr WR Kharlukhi – for their immediate intervention to take up the issue in the parliament and with the Ministry of Coal to find out ways and means to address the grievances faced by the people of the state in respect of coal.
He also informed that the Forum had also challenged the SOP before the Meghalaya High Court.
“This is because as per the MMDR Act 1957 it states that minimum area for mining lease should be not less than 4 hectares that means we can apply for prospecting license so the question now arises as to from which provisions of law, the state government has set an area of minimum 100 hectares. This shows the government wants to bulldoze the livelihood of people and trample upon rights of the people to benefit a few business tycoons,” Shylla said.
In the memorandum to the Chief Minister, the forum had stated that the National Green Tribunal vide its order dated April 17, 2014 banned the illegally rate hole mining in the state of Meghalaya, thus the coal miners in the state of Meghalaya are ready to start up a new fresh scientific mining which is permissible as per MMDR Act, 1957. However, due to the limited area prescribed by the impugned SOP introduced by the Meghalaya government vide notification dated March 5, 2021 has been prejudiced to the people.
“That further, it states that under section 6 (1) (B) of the MMDR Act, 1957, the power to set the area limit is vested to the Central government for the interest of the development of any mineral or industry. Thus, the state government is not empowered to set the minimum for granting prospecting licenses or mining leases. Hence the SOP notified by the state of Meghalaya is liable to be interfered with and discarded in the threshold. Therefore, we the responsible citizen of India and enthusiastic youths of Meghalaya, wishes to start up the mining in a scientific way, sustainable way and as per the rules and regulation prescribed in law,” the memorandum said while adding “We would like to apply prospecting license, however, the impugned SOP has clearly disqualifying the eligible criteria. Hence, we would like to request your kind authority to kindly do the necessary to amend the SOP.”
Furthermore, the forum in the memorandum had demanded the immediate scrapping of the SOP which is illegal.
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