By Our Reporter
SHILLONG: While admitting that the issue of alleged encroachment of the cement plants in Jaintia Hills into the forest areas is a serious matter, Forest and Environment Minister Prestone Tynsong said that the Government would not hesitate to take action against the cement plants if it is established that they have violated the Forest Conservation Act, 1980 by operating in “thick” forested areas.
“Once it is proven, not only will action be taken against cement plants but against all those people who are responsible for giving permission to the cement plants to carry out their mining activities in the forest areas,” Tynsong said while speaking to reporters here on Monday.
When asked if the Government is going to take stringent action against the cement plants since the High Level Committee (HLC) which was constituted by the Government in its report has clearly stated that the cement plants have encroached into the forest land, the Forest and Environment Minister said it would be difficult on his part to comment on the report of the Committee since he is yet to get the copy of the report.
“Unless I see the report I would not be able to comment on it,” he said.
While recalling that the Central Empowered Committee (CEC) after the ruling of the Supreme Court in connection with Lafarge case had written to the State Government that the HLC is irrelevant, he said that the State Government has written to the CEC that the HLC should still be valid since it was constituted before the judgement on the Lafarge case.
“We are yet to receive any response from the CEC in this regard,” Tynsong said.
It is worth mentioning that in a report submitted to the Government, a six-member high-level committee (HLC) set up by the Government had found out that all eight cement companies operating in Jaintia Hills were established in the thickly forested areas.
The committee which had submitted the report to Chief Secretary WMS Pariat, discovered that the cement plants are located in places like Lumshnong, Thangskai, Wahiajer, Old Musiang, Nongsning and Umlaper under Khliehriat sub-division, which were once frequented by herds of elephants, barking deer etc, which are now non-existent.
There are eight cement plants — Cement Manufacture Co Ltd (Star Cement), Meghalaya Cement Ltd (Topcem), Adhunik Cement Ltd, JUD Cement Private Ltd, Hill Cement Company Ltd, Goldstone Cement Ltd, Green Valley Industries Ltd, and Amrit Cement Industries Ltd — in Jaintia Hills alone. Another company, Meghalaya Minerals & Mines Ltd, is also located in Lumshnong.
Meanwhile, a senior official from the union ministry of environment and forest who did not wish to be named, believed that the State Government should take “credible action” against the cement companies for violations under the Forest Conservation Act and Environment Protection Act.
“These companies have violated all forest and environmental norms and they should be persecuted as per the law. The Government must act else the report may become redundant,” the MoEF official said.
Even, the Opposition Nationalist Congress Party (NCP) has asked the state Government to close down all the cement companies which have violated environmental norms.
“These companies should be asked to go for compensatory afforestation. The yardstick should be similar to what was applied to Lafarge Umiam Mining Limited by the Supreme Court,” Opposition Leader Conrad K Sangma had earlier said.
Sangma stated that if compensation is sought from the companies, the Government would be getting anything between Rs 1,500 crore to Rs 2,000 crore.
The HCL in its report had suggested that Government should adopt a course of action similar to the Lafarge Umiam Private Limited (LUMPL) case where the Union Ministry of Environment and Forests and the Supreme Court not only stopped all mining activity but imposed penalties as well.
The Supreme Court, in its order dated April 12, 2010, had imposed certain conditions which were in addition to the conditions laid down by the Union ministry of environment and forests.
These conditions included payment of enhanced Net Present Value (NPV), creation of Special Purpose Vehicle (SPV) mandated to take up projects for development of health, education, economy, etc. for the welfare of local people, with the funds received from the user agency.
Stressing on the need to conserve forests and environment, the HLC said, “There is a need to strike a judicious balance between forest conservation and developmental activities. While such industries should be welcomed in the State, they must also undergo the required statutory procedures in order to adequately compensate the loss to the forest and environment, as a result of the mining processes.”
Moreover, the committee recommended that there should be a joint inspection of the area by the State Forest Department and the Regional Office Ministry of Environment and Forest after the SWA clearance is granted to a company.
“When a Company applies for a mining lease, there should be a joint inspection of the proposed area by the State Forest Department, Regional Office of the MoEF, Jaintia Hills Autonomous District Council (JHADC) and Directorate of Mineral Resources (DMR) before taking any decision in this regard to verify its status on ground,” the report said.