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The National Green Tribunal had found that the Meghalaya Government had failed in its duties to check illegal coal mining. Thus, the National Green Tribunal had directed the State of Meghalaya to deposit Rs.100 crores with the Central Pollution Control Board. The State of Meghalaya had filed an appeal before the Supreme Court, regarding the same.
The Supreme Court bench comprising of Justice Ashok Bhushan and Justice KM Joseph has held that it is the duty of the State under the constitution of India to ensure clean environment to all its citizens and simultaneously approved the National Green Tribunal’s directive, asking the State of Meghalaya to deposit Rs. 100 crores. However, the Supreme Court has also partly accepted the State’s plea and has permitted the State to transfer the said amount from the Meghalaya Environment Protection and Restoration Fund. The Bench has clarified that the amount shall be used by the Central Pollution Control Board only for the specific purpose of restoration of the environment of Meghalaya. It has also mentioned that the amount so deposited shall neither be considered as a fine nor a penalty.
In its judgment the Supreme Court has mentioned that the State of Meghalaya has enough power and jurisdiction to control illegal mining in the hill districts of Meghalaya. In doing so, the State Government has to ensure compliance with not only the MMDR Act, 1957 but also the Mines Act,1952 and Environment Protection Act, 1986. The judgment also emphasizes on the importance of sustainable development and the need to protect the environment for future generations.
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