Shillong, July 4: Leader of Opposition, Dr Mukul Sangma on Thursday lauded the judgment passed by the Supreme Court, which lifted the ban on coal mining in Meghalaya and said that the Court’s direction to hand over extracted coal to a third party for disposal will bring down illegal activities that happened right under state government’s nose.

The former chief minister also said the Supreme Court was aware of the ongoing illegalities in respect to coal mining in Meghalaya.

“If you look at the whole judgment, you will be able to see the relevant paragraphs that because of illegal mining which has been allowed to go on under the authorities of the present government, the responsibility of taking over and auctioning the extracted coal has been vested with the Coal India Ltd and not with the state government. It means a third party has been felt required to be involved in this exercise. I will interpret this way because a number of times the NGT has made it abundantly clear that illegality is going on, and this has also corroborated the Supreme Court’s sudden decision to stop half way the order which was given earlier to allow transportation of extracted coal,” he said.

He also said that the Supreme Court has also given its judgment by allowing a committee constituted by the NGT to continue monitoring the whole assessment and transportation of extracted coal.

The Supreme Court in its judgment passed on Wednesday has directed that all extracted coal as assessed by the state be handed over to Coal India Ltd for proper disposal.

“The Katakey Committee after discussion with Coal India Ltd and State of Meghalaya shall formulate a mechanism for transport, weighment of all assessed coal. The Coal India Ltd. shall auction the coal so received by it as per its best judgment. All coal seized by the State for which cases have already been registered shall be dealt by the State in accordance with Section 21 of 1957 Act,” the Court said.

Welcoming the judgment, Sangma said that this would ensure that the government’s priority which has been focused in allowing illegality in the state will be completely brought under control.

The court has also permitted the state government to transfer Rs.100 Crore to the Central Pollution Control Board from the Meghalaya Environment Protection and Restoration Fund and this amount shall be used by the Central Pollution Control Board only for activities to restore the environment.

Sangma also congratulated all organizations and individuals for fighting against the ban on coal mining at their own capacity with the contention that ownership over the land and minerals should be with the community and local tribals.

“The Supreme Court has restored the ownership over land and minerals and this is the biggest achievement. They have felt it necessary to knock the door of the Apex court to restore the rights of indigenous people over minerals under the surface of the land owned by individuals or community, because the Centre has not complied with the request of the state government,” Sangma added.

The Leader of Opposition recalled that a proposal was submitted by the previous Congress government to Centre and subsequent resolution adopted in the Meghalaya Legislative assembly in 2015 urging the Centre to ensure that the Coal Mines (Nationalization) Act, 1973 and the MMDR Act, 1957 shall not apply in Meghalaya, and the Centre can exempt Meghalaya from these laws by issuing a Presidential notification under Para 12A(b) of Sixth Schedule of the Constitution.

Sangma however questioned the State government and the Centre as to why they have changed their stand before the Supreme Court, which led to the application of all relevant sections of the MMDR Act and other mining laws to the state of Meghalaya.

The bench of Supreme Court which comprised of Justice Ashok Bhushan, and Justice K.M. Joseph passed a judgment on Wednesday on a case related to the ban on coal mining in Meghalaya imposed by the National Green Tribunal (NGT).

The Court stated that while implementing statutory regime for carrying out mining operations in the hills districts of Meghalaya, the state has to ensure compliance of not only the MMDR Act, 1957 but Mines Act, 1952 as well as Environment (Protection) Act, 1986.