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KHADC disagrees with State Govt for declaring industrial areas outside ADCs

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Shillong July 25: A note of disagreement between the Khasi Hills Autonomous District Council (KHADC) and the Meghalaya government has surfaced after the state Commerce and Industries department declared that industrial areas are falling outside the jurisdiction of the Autonomous District Councils (ADCs) and traditional institutions.

The State Commerce and Industries department has declared this through a notice issued on May 29 this year.

The matter was brought to light by Nongkrem MDC Lambor Malngiang while participating in a zero hour discussion on the last day of the summer session of the KHADC on Thursday. The Zero Hour notice was initiated by KHADC’s leader of Opposition, Lamphrang Blah on the issue of “alienation of power and authority of the KHADC over land, water, forests, minerals, etc. which resulted from the application of state and Central laws and notification.”

During the discussion , Malngiang who is also the chairman of the Meghalaya State Planning Board said that the declaration of the state commerce and industries that industrial areas would no longer fall under the jurisdiction of autonomous district councils and traditional institutions was nothing but taking away the powers of the district councils.

“District councils are there to protect our land. How can the commerce and industries department dare issuing such a notification on industrial areas?” Malngiang questioned.

He said that if the notification is allowed, it means that district councils would not have any control over the land and cannot issue any ‘no objection certificate’ for setting up of industrial units.

Malngiang said that according to the notification issued by the state commerce and industries department, it was informed that areas such as the Export Promotion Industrial Park, and Extended Export Promotion Industrial Park at Byrnihat, Industrial Area at Umïam in Ri-Bhoi District, Shillong Industrial Estate, Short Round Road, Polo Hills, Shillong, East Khasi Hills District, Industrial Estate, Khliehtyrshi, West Jaiñtia Hills District, Nongstoiñ Industrial Estate at Mawïaban Nongstoiñ in West Khasi Hills District,

Tura Industrial Estate at Matchakolgre, Tura in West Garo Hills District, Growth Centre at Mendipathar and Mendipathar Industrial Estate in North Garo Hills District, and Williamnagar Industrial Estate in East Garo Hills District are owned by the State Government of Meghalaya in the Commerce & Industries Department and as such, do not fall under the jurisdiction of Autonomous District Councils nor under any traditional bodies/institutions.

Nongstoiñ MDC, Gabriel Wahlang said that the role of district councils should not be just issuing ‘no objection certificate’ to set up factories or companies that wanted to take different activities in scheduled areas.

“The district councils after issuing the NOC, should also find out activities carried out by factories or firms as to ensure that they do not exploit the resources in our land,” Wahlang said, while demanding that the KHADC should have a monitoring committee to look into such exploitations.

Mylliem MDC, Ronnie V. Lyngdoh said that there are state and central laws that are binding to the scheduled areas, but in the matter of mining, Central laws such as the Coal Nationalization Act and Mines and Minerals Development and Regulation (MMDR) Act can be exempted from scheduled areas of Meghalaya by invoking Para 12 (a)(b) of the Sixth Schedule.

Lyngdoh however pointed out that the recent Supreme Court judgment has made it mandatory that Central laws related to mining have to be applied in scheduled areas of Meghalaya.

Members of the KHADC urged the executive committee and the chief executive member (CEM), Teiñwell Dkhar to contest against the notification issued by the commerce and industries department, and files a review petition in connection with the recent ruling of the Apex Court on application of Central laws related to mining.

In his reply, the CEM assured to take up with chief minister, Conrad K. Sangma and other ministers regarding the notification issued by the commerce and industries department.

Dkhar said that special session of the council may be also convened to discuss important issues and take a collective decision.

“If there is a way, we will also file a review petition in connection with Apex Court ruling on application of Central laws related to mining. The Council has to also work together with the state government especially when it comes to matters that have to be dealt with the Centre,” Dkhar said.

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