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Explaining Meghalaya's distinct position, the Chief Minister pointed out that Meghalaya is a Sixth Schedule State where the land, and the minerals beneath it, belong to the individual, the clan or the community, and not to the State. This position was affirmed by the Hon'ble Supreme Court in 2019, which held that the tribal owns both the land and the minerals, while requiring compliance with the MMDR Act to work them.

He added that the State's coal seams are thin and scattered, so coal is held in small family and clan parcels rather than in the large blocks found elsewhere in the country, and the national model therefore does not fit Meghalaya's ground reality.

The Chief Minister noted that since the Hon'ble National Green Tribunal restrained rat-hole mining in 2014, a large number of families whose livelihood depended on small-scale coal mining have been left without work, and the State has lost substantial revenue from royalty, cess and taxes.

He observed that the minimum concession area of 100 hectares, fixed in the 2021 Standard Operating Procedure on the advice of the Ministry, has in practice excluded most genuine holders, since such large continuous areas rarely exist in the State and are almost never held by a single owner. It is also neither practical nor affordable, he said, for a small holder to travel repeatedly to Delhi and to the Indian Bureau of Mines office in Kolkata to obtain approvals for a modest deposit