Shillong, Jun 24: Members of the Jaiñtia Hills Autonomous District Council (JHADC) have unanimously passed a resolution proposing the President of India to allow resumption of coal mining in areas under the JHADC.
The resolution was adopted at a special session of the JHADC held in Jowai today.
The resolution urged the President of India to amend three central laws – the Mines and Minerals (Development and Regulation) Act 1957, the Mineral Concession Rules 1960, and the Coal Mines (Special Provisions) Act 2015 in order to pave way for mining of coal.
Moving the resolution, JHADC Chief Executive Member Thombor Shiwat said that as per Paragraph 12 A (b) of the Sixth Schedule of the Constitution, the President of India has the power to exempt laws passed by Parliament from being enforced in areas falling under the Sixth Schedule.
He also said that the Supreme Court in its judgement on the case of State of Meghalaya Vs All Dimasa Students’ Union, Dima Hasao District Committee on July 3, 2019 has made it clear that landowners have right over their land including minerals under the land.
The resolution proposed for coal mining under the three-tiered licensing framework.
As per the proposed framework, Tier-I is for mining by private individual, family or clan, Tier-II is for mining through medium-scale cooperative/partnership, and Tier-III is for mining by companies.
At the same time, the resolution proposed for strict enforcement of environmental protection laws such as the Environment (Protection) Act 1986, the Air (Prevention and Control of Pollution) Act 1981, the Forest (Conservation) Act 1980 and the orders of the National Green Tribunal (NGT) and the Supreme Court.
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