The proposal of the Government of Meghalaya to conduct coal mining operation by the Meghalaya Mineral Development Corporation (MMDC) is a move which will totally destroy our land holding and land tenure system. The Chief Minister has not been adequately or completely advised on the legal aspects.
Mr Erwin said “I draw his attention to the decision of the Supreme Court of India in Threesiamma Jacob where the rights of private owners of land has been confirmed to extend not only to the surface but also to all minerals and assets above and below the land”.
At the same time the matter of land ownership in the state is subjudice before the Supreme Court of India in a pending case of the Hima Nongstoin arising out of the appeal against the order of the NGT. The substantial issue which has to be clarified is tribal land rights in the state of Meghalaya.
At the same time, the proposed move to allow MMDC to mine the coal will also give rise to issues under the Sixth Schedule to the Constitution of India and also open the door for mining of uranium which is totally against the wishes of the people.
The right way forward is to seek exemptions under Para 12 A (b) and not to allow the imposition of central laws without proper modifications. The NGT Act was also imposed without proper homework by the Government of Meghalaya leading to this total economic mess in the state today.said Mr . Erwin K. Syiem Sutnga, Advocate in the press statement today.
