These Slides give us an overview on the coal mining in the Indian State of Meghalaya and also deals with the National Green Tribunal Act, 2010.

1. National Green Tribunal-
Coal Mining in Meghalaya
Presented By
Abhimanyu, Dimse, Elvina, Flora, Kshanika,
Luckson & Ringkang
Education Department, MA Second Semester. Batch of 2014-2016
NEHU, Tura Campus

2. Coal

3.  The word Coal has been derived from the Old
English term ‘Col’, which has meant “mineral of
fossilized carbon” since the 13th Century;
 It is a combustible black or brownish-black
sedimentary rock usually occurring in rock strata in
layers or veins called coal beds or coal seams;
 It is the largest source of energy for the generation
of electricity worldwide, as well as one of the
largest worldwide anthropogenic source of carbon
dioxide releases;
 The annual world production of coal is 7,695
million tonnes;
 India is the world’s third largest coal producing
country;
 In 2011 India produced 589 million tonnes of coal.
Source: Wikipedia. Retrieved on May 13, from http://en.wikipedia.org/wiki/Coal

5. Geological Time
 The most favourable conditions
for the formation of coal
occurred between 360 to 290
million years ago, during the
Carboniferous (‘coal-bearing”)
period;
 However, lesser amounts
continued to form in some parts
of the Earth during all subsequent
periods, in particular the Permian
(290 million to 250 million years
ago), and throughout the
Mesozoic Era (250 million to 65
million years ago).
Source: Wikipedia. Retrieved on May 13,
from http://en.wikipedia.org/wiki/Coal

6. Types of Coal
 Anthracite, the highest
rank of coal, is a harder,
glossy black coal used
primarily for residential and
commercial space heating.
It is 86 to 98% pure carbon
and 8 to 3% volatile matter.
In India it is found in parts
of Jammu and Kashmir.

7. Types of Coal continued
 Bituminous coal is a dense
sedimentary rock, usually black,
but sometimes dark brown,
often with well defined bands of
bright and dull material; it is
used primarily as fuel in steam-
electric power generation, with
substantial quantities used for
heat and power applications in
manufacturing and to make
coke. It is 70 to 86% carbon and
46 to 31% volatile matter. Most
of the bituminous coal is found
in Jharkhand, Orissa, West
Bengal, Chattisgarh and Madhya
Pradesh.

8. Types of Coal continued
 Sub-bituminous coal, whose
properties range from those of
lignite to those of bituminous
coal, is used primarily as fuel
for steam-electric power
generation and is an important
source of light aromatic
hydrocarbons for the chemical
synthesis industry. It is 70 to
76% carbon and 53 to 42%
volatile matter. It is found in
Meghalaya in Langrin and East
Darrangiri in Khasi Hills
District, Bapung in Jaintia Hills
District and West Darranggiri
in Garo Hills District.

9. Types of Coal continued
 Lignite, or brown coal, is the
lowest rank of coal and used
almost exclusively as fuel for
electric power generation. Jet, a
compact form of lignite, is
sometimes polished and has been
used as an ornamental stone
since the Upper Palaeolithic. It
is 65 to 70% carbon and 63 to 53%
volatile matter. It is found in
Palna of Rajasthan, Neveli in
Tamil Nadu, Lakhimpur of Assam
and Karewa of Jammu and
Kashmir.

10. Types of Coal continued
 Peat, considered to be a
precursor of coal, has industrial
importance as a fuel in some
regions, for example, Ireland and
Finland. In its dehydrated form,
peat is a highly effective
absorbent for fuel and oil spills
on land and water. It is also used
as a conditioner for soil to make
it more able to retain and slowly
release water. It has a carbon
content of less than 60% and is
composed entirely of volatile
matter.

11. Brief History of Coal Mining in
India
 Coal mining in India started in 1774 with
John Summer and Suetonius Grant Heatly
of the East India Company in The Raniganj
Coalfield along with the Western bank of
Damodar river; Source: Wikipedia Retrieved May 13 from
http://en.wikipedia.org/wiki/Coal_mining_in_India
 In 1973 coal was Nationalised; Coal Mines
(Nationalisation) Act, 1973; Source: Samrakshan
 Amendment1976: Granting Sub-lease to
individuals to mine coal; Source: Samrakshan
 Amendment 1996: Captive mining for steel
and cement plants; Source: Source: Samrakshan

12. Coal in Meghalaya
 Proven reserve of coal in Meghalaya is about 133
million tonnes but the inferred reserve is more
than 443 million tonnes;
 Total annual production of coal in the state is about
5 million tonnes;
 The type of coal found is Sub-bituminous with
medium to high sulphur;
 Major Places of occurrences are Langrin and East
Darrangiri in Khasi Hills District, Bapung in Jaintia
Hills District and West Darranggiri in Garo Hills
District.
Source: Directorate of Mining & Geology, Govt. of Meghalaya Retrieved
from http://megdmg.gov.in/minerals.html

13. Brief History of Coal in
Meghalaya
• Introduced by the British in late
19th century. Source: Samrakshan, retrieved on 13 May,
from http://www.cseindia.org/userfiles/meghalaya_arwat-
challam.pdf
When?
• Used by the British to heat their houses
and found no use for the locals. Source:
Samrakshan, retrieved on 13 May, from
http://www.cseindia.org/userfiles/meghalaya_arwat-challam.pdf
Usage
• Mined exclusively by indigenous residents
of the state. Sold in national and
international markets. Source: Samrakshan, retrieved
on 13 May, from http://www.cseindia.org/userfiles/meghalaya_arwat-
challam.pdf
Present

14. Who is eligible to mine coal?
Central Govt. owned
or controlled
company
• Coal India Limited
is the deemed
lessee of coal in
India, as granted by
the nationalisation
process. Source: Samrakshan,
retrieved on 13 May, from
http://www.cseindia.org/userfiles/m
eghalaya_arwat-challam.pdf
Cement , Iron and
Steel
• In 1996 coal
mining allowed for
captive
consumption. Source:
Samrakshan, retrieved on 13 May,
from
http://www.cseindia.org/userfiles/m
eghalaya_arwat-challam.pdf
Individuals with sub-
lease
• Individuals are
allowed to mine
provided they have
a sub-lease in
areas where coal is
found in small
pockets. Source: Samrakshan,

15. Who owns lease/sub-lease
in Meghalaya?
Source: Samrakshan, retrieved on 13 May, from http://www.cseindia.org/userfiles/meghalaya_arwat-challam.pdf

16. Compulsory requirements for any
mining operation
• Mines & Minerals (Development & Regulation Act,
1957. It governs all minerals prohibits mining of any
mineral without a lease in Section 4 (1). Source:
Samrakshan, retrieved on 13 May, from
http://www.cseindia.org/userfiles/meghalaya_arwat-challam.pdf
Mining Lease
• Granted for preliminary prospecting of a
mineral through regional, aerial,
geophysical or geochemical surveys and
geological mapping. Source: Samrakshan, retrieved on 13 May,
from http://www.cseindia.org/userfiles/meghalaya_arwat-challam.pdf
Reconnaissance
Permit
• Granted for undertaking operations
for purpose of exploring, locating or
proving mineral deposit. Source: Samrakshan, retrieved
on 13 May, from http://www.cseindia.org/userfiles/meghalaya_arwat-challam.pdf
Prospecting
License

17. Myths about Coal mining in
Meghalaya
 Sixth Schedule: Meghalaya is a Sixth Schedule
State hence its autonomy gives freedom to the
people to mine as they wish.
 Land Tenure System of the state: The unique land
tenure system of the state gives rights over
minerals too.
 Exempted from Nationalisation: Coal in Meghalaya
was never nationalised or have been exempted.
 Customary Practice: Coal mining is a Customary
practice of the Indigenous people of the state.
Source: Samrakshan, retrieved on 13 May, from
http://www.cseindia.org/userfiles/meghalaya_arwat-challam.pdf

18. The truth about Coal mining in
Meghalaya
 Sixth Schedule: Paragraph 9 of the Sixth Schedule explicitly
mentions the need for Lease, Licences or Leases for the purpose
of prospecting for, or extraction of, minerals.
 Land Tenure System of the state: The land ownership pattern is
only for surface rights and not mineral.
 Exempted from Nationalisation: Coal in Meghalaya was
nationalised and names of the mines bought during the
nationalisation process is mentioned in the Coal Mines
Nationalisation Act.
 Customary Practice: Coal mining is a practice introduced by the
British to Indigenous people of the state.
Source: Samrakshan, retrieved on 13 May, from http://www.cseindia.org/userfiles/meghalaya_arwat-challam.pdf

19. Major violations of the Laws
 Coal Mines Nationalization Act,
1973;
 Mines and Minerals (Development &
Regulation) Act, 1957;
 Mines Act, 1952;
 Forest Conservation Act, 1980;
 The Water (Prevention and Control
of Pollution) Act, 1974
Source: Samrakshan, retrieved on 13 May, from http://www.cseindia.org/userfiles/meghalaya_arwat-
challam.pdf

20. State Government’s role in
coal mining
1
• Collects royalty on coal being transported to
different states of the country and international
markets. Source: Samrakshan, retrieved on 13 May, from
http://www.cseindia.org/userfiles/meghalaya_arwat-challam.pdf
2
•Refuses to take actions on complaints on the
various violations of the coal mines. Source: Samrakshan, retrieved on
13 May, from http://www.cseindia.org/userfiles/meghalaya_arwat-challam.pdf
3
• No actions taken to stem the environmental
damage to forest, rivers and human rights
violations. Source: Samrakshan, retrieved on 13 May, from
http://www.cseindia.org/userfiles/meghalaya_arwat-challam.pdf

21. The Results?

22. Lukha River Turn Blue Due To Acid Flow
The Meghalaya State Pollution Control Board in its 2012 report
blamed "mine run-off" and acid effluents from coal mines as the
main causes of water pollution in the area.
See more at: http://www.businessworld.in/news/business/environment/meghalaya-rivers-
turn-blue-due-to-acid-flow/1664328/page-1.html#sthash.V883vh5n.dpuf

23. Lukha River, Jaintia Hills District

24. Sohkymphor Mines Jaintia Hills District
Image courtesy Google Earth. Imagery Date January 30, 2008
Source: Samrakshan, retrieved on 13 May, from http://www.cseindia.org/userfiles/meghalaya_arwat-challam.pdf

25. Sohkymphor Mines Jaintia Hills District
Image courtesy Google Earth. Imagery date December 3rd 2014

26. Cracks on the ground at Sohkymphor village.
The cracks have appeared due to the rampant unscientific mining
prevalent in the district.
Read more at
http://www.theshillongtimes.com/2011/11/25/mining-activities-
stopped-at-sohkymphor-village/#M4euOGP3626HZrbe.99 Image Source:
Samrakshan, retrieved on 13 May, from http://www.cseindia.org/userfiles/meghalaya_arwat-challam.pdf

27. Forest area being cleared for illegal mining.
Source: Samrakshan, retrieved on 13 May, from
http://www.cseindia.org/userfiles/meghalaya_arwat-challam.pdf

28. The Meghalaya coal is one of the finest qualities
in terms of calorific value but its disadvantage is
the high sulphur content.
Photo Credit: Sugandh Juneja

29. Some rat holes in Meghalaya, like this one,
breach the ground water.
Photo Credit: Sugandh Juneja

30. Typically the mines breaching ground water table
produce sulphuric acid when sulphur in the coal
comes in contact with water, causing acid mine
drainage.
Photo Credit: Sugandh Juneja

32. Coal dust covered trees are a common sight
in coal mining regions of the state.
Photo Credit: Sugandh Juneja

33. Entire road sides in and around mining areas
are used for piling of coal which is a major
source of air, water and soil pollution.

34. Rat-Hole
Mines

35. The rat hole mines are a small hole dug into
the earth to reach the coal seam. The mine
is so small that even a four foot tall person
cannot stand in it.
Photo Credit: Sugandh Juneja

36. A number of horizontal holes run close to
each other in the vertical face of a hill/pit
making the region extremely prone to
subsidence.
Photo Credit: Sugandh Juneja

37. A rat hole mine with a flight of
wooden stairs leading to the pit.
Photo Credit: Tehelka

38. Child
Labourers

39. A child coal miner

40. Children working in the coal mine.
Photo Credit: Twocircles.net

41. Children working in the coal mine.
Photo Credit: Twocircles.net

42. Photo credit: Tehelka

43. Photo credit: Brent Lewin.

44. A young miner poses for a photo in the Jaintia HIlls.
Photo credit: Brent Lewin

45. A young labourer winces as he carries coal at a
depot in the Jaintia HIlls.
Photo credit: Brent Lewin.

46. National Green
Tribunal

47. Why Green Tribunal?
 Why the Act has been named as the
National Green Tribunal and why not
simply as National Environment Tribunal
Act? What is the significance or special
meaning of the term ‘green’ as given in
the title of the Act? No clear answer is
available as of now. Merriam Webster
dictionary defines the term ‘green’ as
tending to preserve environmental quality.
That suggests and reveals the ultimate aim
of the NGT Act.
Source: Kumar, B.Jayant and Mishra, Saurabh (2013, April 29). National Green Tribunal: A Step Towards Environment
Justice? Retrieved from http://lex-warrier.in/2013/04/national-green-tribunal-2/

48. National Green Tribunal
 The National Green Tribunal was
established under Section 3 of the
National Green Tribunal Act, 2010;
 It was established on 18th Oct. 2010
under the National Green Tribunal
Act, 2010;
 It has been established to provide
speedy environmental justice and
help reduce the burden of litigation
in the higher courts.

49. Definition
The legislative Act of Parliament defines the
National Green Tribunal Act, 2010 as
follows:
 "An Act to provide for the establishment
of a National Green Tribunal for the
effective and expeditious disposal of cases
relating to environmental protection and
conservation of forests and other natural
resources including enforcement of any
legal right relating to environment and
giving relief and compensation for
damages to persons and property and for
matters connected therewith or incidental
thereto."

50. Reasons for the establishment
of the Tribunal
The Act gives the following reasons for the
establishment of the Tribunal:
1. India is a party to the decisions taken at
the United Nations Conference on Human
Environment held at Stockholm in June,
1972, in which India participated, calling
upon the States to take appropriate steps
for the protection and improvement of
the human environment;

51. Reasons for the establishment
of the Tribunal
2. India is also a party to the decisions taken at
the United Nations Conference on
Environment and Development held at Rio de
Janerio in June, 1992, in which India
participated, calling upon the States to
provide effective access to judicial and
administrative proceedings, including redress
and remedy and to develop national laws
regarding liability and compensation for the
victims of pollution and other environmental
damage; and

52. Reasons for the establishment
of the Tribunal
3. In the judicial pronouncement in
India, the right to healthy
environment has been construed as
a part of the right to life under
Article 21 of the Constitution.

53. Composition of the Tribunal
Section 4 of the Act, gives the
composition of the Tribunal:
 A full time Chairperson;
 Minimum of 10 and maximum of 20
full time Judicial members;
 Minimum of 10 and maximum of 20
full time Expert members.

54. Composition of the Tribunal
continued
 The Tribunal may, if it considers
necessary, invite anyone or
more persons having specialised
knowledge and experience in a
particular case before the
Tribunal to assist the Tribunal in
that case.

55. Jurisdiction: Tribunal to settle
disputes
 By virtue of Section 14 of the Act,
the Tribunal has jurisdiction to
entertain environmental disputes;
 Clause 2 of Section 14 gives the
limitation of six months from the
date on which the cause of action
first arose to entertain applications
for adjudication of dispute.

56. Tribunal Empowered to Grant Reliefs-
‘Compensation’ and Restitution of
Property Damaged
 By virtue of Section 15 of the Act the
Tribunal can provide relief and
compensation to the victims of
pollution.
 It also gives power to the Tribunal to
provide restitution of property
damaged and for restitution of the
environment for such area or areas,
as the Tribunal may think fit.

57. Compensation: Principle of no
fault
 By virtue of Section 17 of the Act,
the Tribunal is empowered to
provide relief of to compensation to
an aggrieved person/party from the
defaulting person/party.
 Section 17 (3) makes it clear that
“the Tribunal shall, in case of an
accident apply the principle of no
fault.

58. Tribunal not bound by the
Provisions of the Code of Civil
Procedure, 1908
 Section 19 (1) of the Act, makes it clear
that the Tribunal shall not be bound by the
procedure laid down by the Code of Civil
Procedure, but shall be governed by the
principle of natural justice;
 It is submitted that the Tribunal shall have
power to regulate its own procedure
[Section 19 (2)].

59. Tribunal treated as a “Civil
Court”
 According to Section 19 (4) the
Tribunal, For the purpose of
discharging its functions under the
Act, the same power as are vested
in a Civil Court under the Code of
Civil Procedure, 1908, while trying a
suit.

60. Principles of Sustainable
Development and Polluter Pays
Principle
 Section 20 says that the Tribunal
while passing any order or decision
or award, apply the Principles of
Sustainable development, the
Precautionary Principle and the
Polluter Pays Principle.

61. Appeal to Supreme Court
 According to Section 22 of the Act, any
person aggrieved by any award, decision
or order of the Tribunal, may file an
appeal to the Supreme Court, within
ninety days from the date of
communication of the award, decision or
order of the Tribunal.

62. Award, Order or Decision of
Tribunal- Executable as a decree
of Civil Court
Section 25 (1) of the Act reads-
 “An award or order or decision of
the Tribunal under this act shall be
executable by the Tribunal as a
decree of a civil court, and for this
purpose, the Tribunal shall have all
powers of a civil court.”

63. Penalty for failure to comply
with the orders of Tribunal
 Section 26 (1) gives power to the Tribunal
to penalise a person or a company who
fails to comply with any order of the
Tribunal;
 In case it is a person he shall be
punishable with imprisonment for a term
which may extend to 3 years, or with fine
which may extend to 10 crore rupees;
 In case it is a company, such company shall
be punishable with fine which may extend
to 25 crore rupees.

64. Offences by Companies
 According to Section 27 of the Act, where
any offence under this Act has been
committed by a company, every person
who, at the time the offence was
committed, was directly in charge of, and
was responsible to the company, shall be
deemed to be guilty of the offence and
shall be liable to be proceeded against and
punished accordingly.

65. Offences by Government
Department
 According to Section 27 of the Act,
2010, where any Department of the
Government fails to comply with any
order or award or decision of the
Tribunal under the Act, the Head of
the Department shall be deemed to
be guilty of such failure and shall be
liable to be proceeded against for
having committed an offence under
the Act and punished accordingly.

66. Act to have Overriding effect
 Section 33 says that-
 The provisions of this Act, shall have
effect notwithstanding anything
inconsistent contained in any other
law for the time being in force or in
any instrument having effect by
virtue of any law other than this Act.

67. Summing-up
 It is submitted that with view to deal with
multi-disciplinary issues of environment
the Parliament has enacted the present
National Green Tribunal Act, 2010 to
Provide speedy adjudication and relief as
to compensation, the National Green
Tribunal has been constituted.
 It seems that our country has geared-up to
settle effectively the environmental
problem by bringing out special statute
having overriding effect over other
enactments.

68. Do You Know?
 India is the third country following
Australia and New Zealand to have a
Green Tribunal.
 The Tribunal is India’s first dedicated
environmental court.
 It functions with an objective of deposing
off the case within six months of filing.
 The Principle Bench is based at New Delhi
with circuit benches at Chennai, Bhopal,
Pune and Kolkata so that it can reach
remote parts of India.

69. On April 17, 2014, the NGT passed an interim
order stopping mining and transportation of coal
in the state. Almost a month later, on May 9, the
mining ban was formally implemented by the
state government.

70. The way forward