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Notice (8): Undefined variable: urlPrefix [APP/Template/Layout/printlayout.ctp, line 8]latest-news-updates/tribunal-rap-for-policy-failure-andrew-w-lyngdoh-4675727.html"/> LATEST NEWS UPDATES | Tribunal rap for policy failure -Andrew W Lyngdoh | Im4change.org
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Tribunal rap for policy failure -Andrew W Lyngdoh
-The Telegraph

Shillong: The National Green Tribunal (NGT) has "disapproved" of the Meghalaya government's not formulating appropriate policies and guidelines for coal mining while it found "no merit" in the government's defence for its inability to execute the tribunal's orders.

"Without hesitation, we record our disapproval for the said conduct of the state of Meghalaya in not formulating appropriate policy and guidelines despite orders of the tribunal, even after lapse of a period of one year. The mining in the state cannot be permitted until the time such policy and mining plan/map is prepared by the state government," the tribunal's principal bench stated in its March 25 order.

The bench noted that the mining plan would be required "whether the mines are private or state-owned and/or whether the state is granted exemption" by the Centre/ Parliament in accordance with the law. "Neither of this can be raised as a defence for permitting illegal, unscientific and unregulated mining in the state which would not only endanger the ecology, environment, water bodies in the area, but would be fatal to human life also," the bench said.

Moreover, the bench directed Meghalaya chief secretary Barkos Warjri to approach the special secretary/additional secretary of the ministries of coal and environment and forests for any appropriate legal framework for exemption, as they deem fit and proper.

The bench ordered the state to prepare a roadmap/mining policy and guidelines within six weeks from March 25.

"This would be examined and appropriate decision would be taken collectively by the Meghalaya government and the Centre. We would be able to permit the mining activity in the state only when such plan/guidelines are placed before the tribunal and are enforced in the state," the bench said.

During a hearing by the tribunal's principal bench in New Delhi last month, the state government cited certain reasons for its inability to execute and comply with the NGT directions. These include "lack of forces" to carry out counter-insurgency operations and implementation of orders.

The other defence offered by the government was that it proposes to approach the Centre for claiming an exemption from two major coal mining-related laws, which include the Mines & Minerals (Development and Regulation) Act, 1957, and Coal Mines (Nationalisation) Act, 1973.

During the recent budget session, the Assembly had "unanimously" passed a resolution on March 23 seeking exemption from the two major laws.

Last year, the state government had submitted a proposal to the Centre to issue a presidential notification in exercise of power conferred under paragraph 12A (b) of the Sixth Schedule withdrawing the application of the two laws to Meghalaya. President Pranab Mukherjee, Prime Minister Narendra Modi and his immediate predecessor Manmohan Singh have all been approached last year to provide "exemption" to Meghalaya from the laws.

Reacting to the reasons cited by the government for its inability to implement the tribunal's orders, the bench said, "We find no merit in either of them. At no point of time, except now, the state government has put forward this ground of its incapability for compliance of the order of the tribunal. The orders of the tribunal are required to be enforced without exception particularly when such directions relate to environment and human life, which are of fundamental value and are, in fact enshrined as the fundamental right."

Despite this, the tribunal said it had permitted the state government to approach the Union secretaries of home, coal and environment and forests and other central government authorities to request for deployment of appropriate forces so that the tribunal orders complied with and property of the state and environment are protected and no illegal and unscientific mining contrary to law is permitted in the state.