SHILLONG, APR 30: The National Green Tribunal (NGT) will decided on May 14 on the petition filed by Meghalaya Commercial Truck Owners and Operators Association (MCTOOA) seeking revocation of the tribunal order directing coal miners in Meghalaya to pay environment fund besides royalty.
A hearing on the petition filed by the MCTOOA was conducted at New Delhi on Thursday.
“The division bench of the NGT has decided to give its final decision on the matter on May 14,” MCTOOA president Augustine Shanpru told newsmen on Thursday.
The petition was filed after the NGT directed all the coal miners to pay an additional amount of Rs 485 per metric ton (MT) of coal besides the royalty that was paid while transporting of the extracted coal from the state.
However, the MCTOOA sought revocation of the direction on ground that a notification issued by the centre has clearly stated that Meghalaya is being ‘exempted’ for such payment, Shanpru informed.
As per the notification of the Government of India Ministry of Finance Department of Revenue (Tax Research Unit) issued on June 24, 2010, it stated – “In the State of Meghalaya, coal is mined under traditional and customary rights vested on the local tribes. The mines operated by these tribes are not subjected to the provisions of laws that regulate the operation of coal mines. As such, full exemption from Clean Energy Cess is being provided to coal produced in the state of Meghalaya under such rights.”
“In his argument, our counsel Amit Kumar has point before the NGT that Meghalaya is exempted from Clean Energy Cess (environment fund) since the notification of the Ministry stand till date,” Shangpru said.
Shangpru argued that if needed be the environment fund can be paid from the royalty paid for coal transportation, which is at Rs 675 per MT of coal.
NGT has imposed a ban on coal mining in Meghalaya since the past one year on ground that the rat-hole mining practice in the state is ‘illegal’ and detrimental to the environment.
Shangpru said that environment fund should be imposed only in those areas which are affected by mining activities.
Meanwhile, the state government has been directed by the NGT to come up with Mining Plan and Mining Policy within six weeks.- By Our Reporter
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