JNC challenges legality of Shree Cement public hearing; flags EIA ‘cut-paste’ from Gujarat, mining plan absenceSHILLONG, APR 30: Citing multiple violations in the Environmental Impact Assessment report, the Jaintia National Council (JNC) has lodged a formal complaint with the Meghalaya State Pollution Control Board (MSPCB) against the public hearing for Shree Cement’s proposed project in Nongkhlieh, East Jaintia Hills District, slated for May 22.
A JNC delegation led by President Sambormi Lyngdoh met the Member Secretary of the MSPCB on Thursday and submitted the complaint after raising what it called “serious legal infirmities” in the project’s clearance process.
Clarifying the council’s stand, Lyngdoh told reporters, “We want to clarify that our intention is not to oppose development, but to address the violations of the following laws.”
The JNC’s lead objection is that the project falls outside state jurisdiction. “Firstly, this project does not fall under the State’s jurisdiction. As per the EIA Notification 2006, any mining lease exceeding 50 hectares is classified as a Category A project, which is under the Central Government’s jurisdiction through the MoEF&CC,” Lyngdoh said.
He noted that “the Shree Cement mine spans 217 hectares, significantly exceeding the threshold. The SEIAA, Meghalaya lacks the authority or legal basis to issue a ToR for this project. Consequently, any actions taken under that ToR, including this public hearing, are illegal and void in the eyes of the law.”
According to Lyngdoh, the MSPCB Member Secretary responded that “the Government of India has amended the EIA threshold from 50 hectares to 250 hectares, but the major mineral regulations must still adhere to the General Condition of the Terms of Reference.”
The council alleged the EIA itself was not prepared for the Meghalaya site. “Secondly, this EIA was specifically prepared for a project in Gujarat. The first page of the EIA’s Preamble explicitly states, in the consultant’s own words: ‘The primary objective of this EIA report is to obtain prior environmental clearance from the Environmental Impact Assessment Authority of the State of Gujarat,’” Lyngdoh pointed out.
“This indicates that this EIA is not applicable to Meghalaya. Why is a public hearing being proposed in Meghalaya?” he asked.
The JNC further claimed procedural gaps. “Lastly, Shree Cement has submitted this EIA without an approved Mining Plan from the Indian Bureau of Mines. According to their EIA, a mine cannot proceed without an approved Mining Plan, as per legal regulations,” Lyngdoh said.
On environmental categorisation, he added: “Fourthly, the Saipung Reserve Forest is distinctly situated just 4.26 km from the project site, as indicated by the EIA. The EIA notification of 2006 states that areas within 5 km are classified as category A, yet the EIA asserts that it is categorized as B.”
The Disaster Management Plan also came under fire. “Fourthly, the mine’s Disaster Management Plan (DMP) is baseless, as it proposes a seismic safety zone or earthquake protection zone that the Government of India has already revoked in March 2026,” Lyngdoh said.
“The report indicates that Shree Cement submitted the EIA on April 7, which was 35 days after the withdrawal from the Gazette of India. This implies that they intend to base our land protection plan on an obsolete law.”
“There are additional violations committed by Shree Cement, yet government bodies such as SEIAA and MSPCB have proceeded to conduct public hearings without properly reviewing the relevant documents and regulations,” the JNC president alleged.
He questioned the government’s response: “Recently, we have observed that the government, through the police department, has made significant efforts to address the issue of black-tinted vehicle windows and other infractions. However, the pressing question remains: how do we confront Shree Cement? This constitutes a breach of the law.”
“This inquiry will also be directed to the Chief Minister, who oversees the Forest and Mining Department; what actions will he take in response?”
The JNC also addressed local landowners directly. “The union also conveys a message to the residents of Nongkhlieh Elaka, who are the rightful landowners: remember that when this company approaches to purchase land for mining, it is not the land they seek, but the mineral resources contained within it.”
“The clear message is: ‘Do not sell your land at the expense of your property.’ The acquisition of land by companies resembles the purchase of jhur; even land for residential construction is now priced at thousands per square foot, and how much land does 217 hectares encompass? Do not be swayed by temporary wealth; instead, let us learn to care for our land with a long-term perspective.”
“We strongly encourage the government to take action regarding this matter, and we also call on the Chief Minister to clarify these issues to the public that the party has already addressed,” Lyngdoh said.
He ended with a query on cross-state clearances: “Furthermore, we pose a significant question: how is it possible that the approval from the State Environmental Appraisal Committee of the Gujarat government is ineffective in Meghalaya?”
