Meghalaya Coal Ban Lifted

1. Supreme court said that Mine owner is the owner of both mineral and surface in Meghalaya. Private owner’s proprietary rights have been accepted and affirmed by the Supreme court. It is a historic judgment for the people of Meghalaya that by the efforts of the Govt. The rights of Tribals of Meghalaya have been upheld and recognized by the Supreme court.
2. SC held that MMDR Act will apply. Mine owner is required to get the mining plan approved by the Central Govt with the consent of the State Govt. and a ban on Coal Mining by NGT is lifted to the above extent. There is no ban by NGT if the MMDR Act is followed. Therefore Ban is lifted.
3. The penalty of 100 crores will cause hardship to State Meghalaya and therefore the State should transfer Rs. 100 crore from MPREF to Central Pollution Control Board. CPCB shall use the money for Meghalaya only. The plea of the State Govt. that penalty will cause hardship to the Government has been accepted and recognized.
4. Order of NGT that coal mine after ban vests in the Govt is not accepted by Supreme Court and set aside.
5. Suggestion of Amicus that all coal should be taken over by Coal India is accepted and permission is granted to coal India to auction the same and money shall be given to State Govt. and manner and mode of transportation will be decided by Katoki Committee and money so collected will be given by the State to mine owner.
6. Criminal cases which are going shall proceed in terms of section 21 of the MMDR Act.
7. Jurisdiction of NGT to appoint committee has been upheld.
8. Judgement is running more than 400 pages plus.

*Reader to verify news/facts in his/her own capacity.

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