SHILLONG, MAY 28: Expressing serious concern over the “constitutional validity” of the National Green Tribunal (NGT blanket ban on rat-hole coal mining in the state, the Grand Council of Chiefs of Meghalaya (GCCM) said the ban is unconstitutional and illegal.
Therefore, the GCCM suggested to the state government to move a official resolution in the assembly for suitably amending and exempting the many Acts and Rules applicable to mining in India vis-à-vis Meghalaya.
GCCM said the resolution can be moved under Para 12 A (b) of the Sixth Schedule.
In a letter to chief minister Mukul Sangma, GCCM chairman John F Kharshiing said on Wednesday. “We expressed our serious concern as to the constitutional validity of the NGT’s ban of coal mining in Meghalaya,”
Kharshiing pointed out that for the last 64 years there exist a constitutional anomaly in the Constitution and because of this anomaly, which is yet to be rectified the acts, rules and regulations passed by parliament are, in most cases, conflicting with the traditional customary rights of the Khasi, Jaintia and Garo people over their land, water, forest, minerals including legislative, executive and judicial powers.
Kharshiing said, “In number of cases the courts and tribunals are interpreting Indian laws, acts, rules and regulations, passed by the parliament based on the existing land tenure system where land elsewhere belongs to the government of India, while in Meghalaya, land customarily is held and belongs to the people.”
Stating that the instrument of Accession and Annexed Agreement is the official treaty that binds the Khasi states with the Dominion of India, Kharshiing said, “The intrusion and the recent ban by the National Green Tribunal is “unconstitutional and illegal” as it violates the treaty rights agreed upon between the Indian Government and the Federation of Khasi States.”
He further said that the Coal Mines Nationalization Act 1973 was vehemently opposed by the people of the state as this Act speaks of acquisition of the rights of owners of coal mines.
“The CMNA, 1973 bars any person except the central government and its authorized lessees to mine coal and other major minerals in India,” Kharshiing said while stating that former MP late Prof GG Swell had also raised this matter with the central authorities and the response then, was that the state government could move the centre for such exemptions, which has not been done till date.
According to Kharshiing, the pertinent question is how can central government through these Acts own tribal Khasi, Jaintia and Garo land in Meghalaya and in turn lease to mining companies to mine coal.
“One can understand if government leased their own land to mining companies but that cannot be the case in Meghalaya as per the agreement of the Khasi States mentioned in the white paper on Indian states,” Kharshiing argued.
Pointing out that the Coal Mines Nationalization Act 1973 and the Mines and Minerals (Development and Regulation) Act 1957 have been framed and legislated to have jurisdiction over Indian land, Kharshiing said, “Their jurisdiction and extension over Khasi states, Jaintia and Garo, land, water, forest and minerals is in our views a “constitutional anomaly” and seriously undermines the IOA and AA.”- By Our Reporter
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