REGEENAL SHYLLA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner by way of the instant writ application has assailed the impugned Office Memorandum being No. MG.60/2014/Pt/398 dtd. 5/3/2021, whereby the same has prescribed at clause - E(6), that an application for prospecting license for coal shall be for an area not less than 100 hectares. The contentions of the petitioner are that the said clause in the Office Memorandum dtd. 5/3/2021, is not in consonance with the Mines and Minerals (Development and Regulation) Act 1957, hereinafter referred to as the MMDR Act, the Mineral Concession Rules 1960, and also not in conformity with the Meghalaya Mines and Mineral Policy 2012, the Meghalaya Minor Minerals Concession Rules, 2016, and the Meghalaya Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2022.

(2.) The basic ground or contention is that the impugned Office Memorandum has been issued against the principles of delegated legislation and the land ownership system of the State of Meghalaya.

(3.) Mr. L.M. Sangma, learned counsel appearing on behalf of the petitioner has submitted that the State respondents do not have any jurisdiction to issue their stipulation, inasmuch as, firstly, Sec. 6 of the MMDR Act though providing for maximum area for prospecting, the said Act does not prescribe the minimum area nor does the Mineral Concession Rules, 1960 prescribe the minimum area 100 hectares for grant of prospecting license or mining lease for coal. In his submissions the learned counsel has referred to Sec. 6 of the MMDR Act, and has also taken the Court to Ss. 15, 15-A and 23-C of the MMDR Act, that deals with the powers of the State Government to make rules, with regard to mines and minerals. The learned counsel has contended that in these provisions, there is nothing to show that the limit prescribed of not less than 100 hectares, is based on any provision of law, and that even in the Meghalaya Mines and Minerals Policy, 2012, at clauses - 5.1 and 5.2., which deals with grant of permission for prospecting licenses, the same does not empower the respondents to prescribe the minimum area. It has been further argued that even in the Meghalaya Minor Minerals Concession Rules, 2016 framed by the State Government in exercise of powers conferred by Sec. 15 of the MMDR Act, at Sec. 13 thereof, which deals with the area of mining lease, no provision of a minimum area of 100 hectares is present.