By Naba Bhattacharjee
Issues concerning cement plants, particularly status of land where mining of limestone is undertaken has been under focus in Meghalaya for long and presently under intense scrutiny. Controversy involving mining is raging in many states of the country with the CBI and Lokayukta probing mining related scams, indicting ministers, bureaucrats and mining companies including intervention and monitoring by the Apex court in many cases. In Meghalaya, mining of limestone is mostly used for in- situ conversion to produce cement. Promoters of cement plants came to the state to harness the huge dormant reserves of limestone with substantial financial investment initially. The lucrative industrial policy for north east, with package of subsidies and waiver of all duties and taxes ensured security and a dream return on capital investment and an astronomical margin of profit.
However, the path leading to the “single window” was strewn with numerous hurdles which could be cleared with appropriate “lubricant”. The way forward at each hurdle was facilitated by the authorities and custodians, circumventing procedures, laws, acts et al; whenever and wherever the need arose, in their over enthusiasm to be part of the “windfall”. The promoters cannot be charged of unilateral violation or disregard of procedures. The various NOC’s, permission, authorization, clearance et al was made available to them officially. Whether an authority concerned had exceeded his brief, power or jurisdiction while discharging their function was not the responsibility of cement companies. The means – manipulation, deceit, misinterpretation and bypassing laws of the land; justified attaining the end. There was no planning or blue print for industrialization, safeguarding local economic interest and protection of indigenous land against alienation. There was no lesson learnt from the earlier ferro- alloy plant fiasco. At one time Meghalaya became the biggest ferro alloy production centre in the country, at least in paper, with dozens of plants granted license with assurance of required power. The bubble burst soon, since power- a virtual raw material for the industry, was available to meet the requirement of only a few plants. Meghalaya plunged from a power surplus to deficit state. The gap was met by purchasing power from central grids and supplied at a lower price to the plants. Except a few genuine units, most have closed down with few substituting the power shortfall by consuming charcoal produced from cutting down lakhs of pine trees and guzzling crores in subsidy. They recovered far beyond initial investment with few units allegedly claiming transport subsidy even without producing a single ton of ferro alloy.
In case of cement plants the seeds of malady were sown with identification and acquiring of land by the promoters for setting up of the plant and specifically the mining blocks. It is absolutely baffling as to why the promoters were not advised to follow procedures and apply for clearance under FC Act, 1980. On the contrary, they were led up the “garden path” that miles of high forest shall be made to disappear to become “non forest areas” technically, with a simple stroke of the pen. Forest areas were overnight notified as “non forest” or “deemed forest” and under cover of technical and literary jargon NOC’s were issued in an “ostrich burying its head in the foliage (not sand)” approach. The nature and extent of violations were known to many but none dared to question the powerful nexus holding sway from the mine fields to corridors of power extending up to Delhi until BN Jha, Additional Principal C.C.F. Ministry of Environment & Forest, Government of India, North Eastern Regional Office, Shillong highlighted the seriousness of the matter. His comprehensive report – RONE/E/Forest/Misc/255-57; dated 6th May 2010, after thorough field investigation created a flutter in concerned circles. The truth was out in the open due to the courage and unwavering stand of this official whose technical evaluation and ground survey found the entire belt to be forest as per all definitions, mainly that of the Apex Court.
Cement companies have not encroached or forcibly taken over any land for mining as in case of Karnataka or Andhra Pradesh. All such areas including plant sites are officially notified as “non-forest” and NOC’s issued arbitrarily without basing on approved working plan but on the contention that the area in question is not recorded as “forest”, “deemed” or beyond ambit of “dictionary” meaning. In 1998 the Apex court directed that working plans for all forest divisions shall be prepared by the state governments and would have to be approved by the central government. It was clarified that the term ‘State Government’ would also include District Councils constituted under Schedule VI of the Constitution of India. In Meghalaya over 95% of the total forest area is not within the jurisdiction of the State Forest & Environment Department. Consequently, NOC etc in matters of forest has to be based on approved working plan and not on ocular estimation. Overlapping of authority of forest jurisdiction added to the confusion. Forest, unlike beauty, is not expected to lie on the eyes of the beholder.
The Supreme Court verdict on the Lafarge India case pertaining to violation of FC Act and the penalties etc levied and realized should set all conjectures and interpretations at rest. Moreover, United Khasi-Jaintia Hills Autonomous District(Management & Conservation of forests) Act, 1958 clearly defines forest as an area where not less than 25 trees per acre, reserved or unreserved or any other forest produce growing on such area which have been or are capable of being exploited for purpose of business or trade ……. This characterization comes closest to the Apex Court’s definition and one which is nearest to the ground reality. An effort for a way which is learnt to be seriously considered in official circles is to replace the per acre with per hectare, or a step further, to bypass the FC Act, by incorporating 5 hectares and the number of trees increased to 300 to 400 trees instead of 25 trees. There are very few forest areas in Meghalaya to-day with such density of growing stock and hence most forest areas shall be out of the purview of the FC Act, 1980. This could be a plausible attempt at developing a better equilibrium between industrial growth and environment for the future only.
Therefore, it is imperative that Instead of avoiding and concealing issues on the ground, modification and clarifications of orders and directives could have been easily sought by filing intervention applications in the Apex Court through the HPC. A few of the cement plants which came up recently have realized the fact and accordingly applied for post facto clearance under FC Act 1980, although possessing NOC’s granted at the State level, which has come to haunt them. There have been many instances where modifications were made in case of north east to deal with specific situations based on nature and status of forest. Today, judicial intervention in forest matters is a reality. The environment bench of Supreme Court has been taking a proactive role in passing orders that impact forest governance. While this may not be an ideal situation, it is a reality. The development trends in the country today are at the cost of the environment because of disregard for environmental laws. Citizens have asked the Supreme Court repeatedly to intervene because clearances required under the Forest Conservation Act or the Environment Protection Act, are often simply not taken.