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Royalty reprieve for coal miners

08 Oct 2014

The National Green Tribunal today offered partial relief to coal miners in Meghalaya, permitting them to pay royalty for extracted coal in instalments.
 
The tribunal, however, refused to lift its interim order banning rat-hole coal mining in the state.
 
It also warned polluters that they would be asked to compensate for environment degradation.
 
The partial relief was given through an order at a hearing of the special circuit bench comprising NGT chairperson Justice Swatanter Kumar, judicial member Justice U.D. Salvi and expert members Devendra Kumar Agrawal and P.C. Mishra at Meghalaya High Court here.
 
The tribunal heard four petitions related to environment issues, including a ban on unscientific and unregulated coal mining in Meghalaya, death of 15 persons trapped inside a coal mine in South Garo Hills district, engagement of children in mining areas and the pollution of two important rivers in Shillong — Umkhrah and Umshyrpi.
 
Pronouncing the order, Justice Kumar said royalty should be paid on the assessed/declared extracted coal, whichever is higher, and that the royalty can be paid in three equal instalments.
 
Coal miners had pleaded before the tribunal that it was difficult to pay the royalty at one go.
 
According to the tribunal’s re-constituted committee headed by additional chief secretary Kuljit Singh Kropha, the amount of extracted coal, which was assessed by the committee, has been pegged at 65,81,147 metric tonnes.
 
According to sources, for one metric tonne of coal, the royalty is fixed at Rs 675 while the price for one metric tonne ranges between Rs 3,000 and Rs 5,000.
 
The counsel for the Meghalaya government, advocate Ranjan Mukherjee, said royalty for transportation of extracted coal could be paid in three equal instalments. “In principle, it means that the royalty is to be paid on declared or assessed extracted coal, whichever is higher,” he said.
 
Earlier, the tribunal approved the guidelines framed by the committee that the royalty for transportation of extracted coal should be paid within 14 days with effect from the date of notification of the guidelines. The notification was issued on September 4.
 
Mukherjee said, “The tribunal in its order has modified the guidelines for payment of royalty where it has allowed to be paid in three instalments within 45 days beginning today.” He also informed that the tribunal has directed the committee to submit a fresh report. Moreover, he said one party had filed an application seeking permission to start coal mining in Meghalaya, but the tribunal dismissed the application and continued with the interim ban.
 
During the hearing, the NGT chairperson observed that there has been tremendous variation in the quantity of declared and assessed extracted coal.
 
As there has been wide protests against the tribunal’s order to ban coal mining and the intention of the ban has misinterpreted, Justice Kumar said, “The tribunal has no intent to stop livelihood of the people. We expressed our dispute as the intention of the NGT has been misinterpreted. To us, environment and human lives are of utmost importance.”
 
The tribunal said its committee found a very disturbing factor on the process of assessment of extracted coal where some mine owners had declared a false quantity of coal.
 
“It is evident that all is not well with the mining activity in Meghalaya. It proves that the unscientific, unregulated and impermissible rat-hole mining poses serious threat not only to human beings but to the environment, as well as losing revenue to the state,” Justice Kumar said.
 
The tribunal also pointed out that there were several illegal unauthorised checkgates along the roads and asked the state director-general of police to check this. It said the state government should provide 10 checkposts and these should operate in accordance with the contents of the tribunal’s earlier order.
 
The tribunal said also asked its committee to see that the assessment of extracted coal in West Khasi Hills and South Garo Hills districts are completed and coal transported in accordance with the guidelines. It directed the Meghalaya government to also set up a centre for payment of royalty in West Khasi Hills.
 
The tribunal said according to the committee, there are around 6.3 million tonnes of extracted coal and its value is Rs 3,078 crore. The royalty payable to the state government is Rs 400 crore.
 
It directed the committee to submit a comprehensive report and methodology on mining plan for carrying out scientific, regulated and permissible mining in the state.
 
Stating that it cannot be disputed that Meghalaya is one of the green states in the country, the tribunal said it was the duty of the state to ensure that the environment is not subjected to pollution and degradation.
 
In a stern warning to polluters of the environment, the tribunal said, “We would also pass an appropriate order to ensure prevention against pollution by making the mine owners compensate.”
 
The tribunal asked its committee to engage a specialised agency like the Central Mine Planning and Design Institute Ltd to carry out specific scientific survey on the impact of pollution due to mining and identifying the areas where such activity is permitted.
 
Moreover, it asked the committee to complete its proceedings at the earliest.
 
It also directed the state government to provide safety gadgets and proper remuneration for people engaged in the mining activities and take action against child labour.
 
On the reported death of 15 persons trapped inside a coal mine in South Garo Hills on July 6, 2012, the tribunal asked the state government to file the list of witnesses within a week from today.
 
On the pollution of Umkhrah and Umshyrpi, the tribunal issued notices to the Meghalaya government, Meghalaya State Pollution Control Board and Shillong Municipal Board. Their replies have to be filed within three weeks.
 
All the matters which came up today have again been listed for the next hearing in Shillong on December 8 and 9.
 
 
Source: The Telegraph