**Executive Summary**
This document is a response to Unstarred Question No. 715 in Lok Sabha, answered on February 4, 2026, addressing concerns about mining activities in Sixth Schedule Areas, specifically in relation to land allotment, compliance with regulations, and protection of tribal communities and the environment. The response clarifies the Government's position based on a Supreme Court judgement and existing legal frameworks. No specific deadlines or action items are explicitly mentioned.
**Key Points / Main Content**
* **Supreme Court Judgement:**
* The Supreme Court's judgement on July 3, 2019, in Civil Appeal No. 10720 of 2018 addressed the land tenure system in the Hills Districts of Meghalaya.
* Most of the lands are either privately or community-owned, with the State not claiming any right.
* Private and community owners possess both surface and sub-soil rights.
* **Mineral Concessions and Regulatory Framework:**
* State Governments grant mineral concessions in accordance with the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) and its rules.
* The MMDR Act and related rules specify procedures for cases where minerals vest in State Governments or other persons.
* **Clearances and Environmental Protection:**
* Obtaining statutory clearances from Central and State Government departments, including Environmental Clearance and Forest Clearance, is mandatory before granting mineral concessions in Sixth Schedule Areas.
* Prospective lessees must conduct Environmental Impact Assessments (EIA) and submit Environment Management Plans (EMP).
* The EMP is based on a scientific study considering the potential impact of the project.
* Mining lease holders are required to implement environmental mitigation measures approved during the grant of Environmental Clearance.
**Impact Analysis**
**Stakeholder: State Governments**
* **Impact:** The State Governments are responsible for granting mineral concessions in accordance with the MMDR Act and its rules.
* **Action Required:** Ensure compliance with the MMDR Act and rules when granting mineral concessions.
**Stakeholder: Prospective Lessees (Mining Companies)**
* **Impact:** Mining companies are required to comply with environmental protection regulations, including obtaining statutory clearances, conducting EIAs, and implementing EMPs.
* **Action Required:** Conduct EIAs, submit EMPs, and implement environmental mitigation measures.
**Stakeholder: Tribal Communities and Local Environment**
* **Impact:** The document aims to ensure that mining activities in Sixth Schedule areas protect the rights and interests of tribal communities and the local environment. The State does not have a right to privately owned land.
* **Action Required:** No specific action is required from these stakeholders based on the document; however, they are the beneficiaries of the regulations and safeguards mentioned.
Key Entities Referenced
Mines and Minerals (Development and Regulation) Act, 1957: Governs the regulation of mines and minerals in India.
Sixth Schedule Areas: Areas within India with special provisions for autonomous administration.
Supreme Court: Highest court in India; referenced due to a judgement related to land tenure in Meghalaya's Hills Districts.
Ministry of Mines: Central government ministry responsible for the development and regulation of the mining sector.
Dima Hasao district of Assam: Specific location within a Sixth Schedule Area mentioned in relation to land allotment for mining.
GOVERNMENT OF INDIA
MINISTRY OF MINES
LOK SABHA
UNSTARRED QUESTION NO. 715
ANSWERED ON 04.02.2026
MINING ACTIVITIES IN SIXTH SCHEDULE AREAS
715. SHRI GAURAV GOGOI:
Will the Minister of MINES be pleased to state:
(a) whether the Government is aware of recent judicial observations concerning the
large-scale allotment of land for mining purposes in Sixth Schedule areas including in
Dima Hasao district of Assam, if so, the details thereof;
(b) whether the Government has examined the compliance of such allotments with the
applicable provisions of the Mines and Minerals (Development and Regulation) Act,
1957 and rules governing land use in autonomous districts and if so, the details
thereof;
(c) the details of safeguards mandated by the Government to ensure that mining
leases in Sixth Schedule areas protect the rights and interests of tribal communities
and the local environment; and
(d) whether the Government proposes to review existing guidelines or issue revised
directions to ensure that land allocations for mining in such areas are aligned with
public interest and constitutional protections and if so, the details thereof?
ANSWER
THE MINISTER OF COAL AND MINES
(SHRI G. KISHAN REDDY)
(a): Hon’ble Supreme Court in its judgement dated 03.07.2019 in Civil Appeal
No.10720 of 2018 titled as “State of Meghalaya Vs. All Dimasa Students Union, Dima-
Hasao District Committee & Ors” has inter-alia held that according to the land tenure
system as applicable in the Hills Districts of the State of Meghalaya, most of the lands
are either privately or community owned in which the State does not claim any right.
The private owners of the land as well as community owners have both the surface
right as well as sub-soil rights.
(b) to (d): State Governments grant mineral concessions in accordance with the
provisions of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR
Act) and the Rules framed thereunder. The MMDR Act and the Rules framed
thereunder specify the procedure for both the cases i.e. where minerals vest in the
State Governments and where minerals vest in a person other than the Government.Further, before grant of mineral concessions (including in Sixth Schedule Areas) it is
mandatory to obtain the requisite statutory clearances from various departments of the
Central Government and respective State Governments, including Environmental
Clearance and Forest Clearance.
As part of grant of Environmental Clearance, the prospective lessees carry out
Environment Impact Assessment (EIA) and submit the Environment Management
Plan (EMP) based on scientific study by taking into consideration likely impact of
project activity on the baseline environment. The mining lease holders implement the
environmental mitigation measures as approved during grant of Environmental
Clearance. The above provisions ensure that land allocations for mining in such areas
are aligned with public interest and constitutional protections.
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