Lok Sabha Question No. 715 (UNSTARRED), answered on 2026-02-04
Subject: Mining Activities in Sixth Schedule Areas
Ministry: MINES
Asked by: Shri Gaurav Gogoi

## 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, DimaHasao 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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