Mining in forest areas:
By Naba Bhattacharjee
The Union Minister of Environment & Forest has finally accepted in parliament the gross abuse and violation of Forest Act, 1980, by cement companies, besides few other organizations within Meghalaya. Mining in forest areas, clandestinely notifying such areas as “non-forest” became an established phenomenon after report of 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 revealed all and confirmed the apprehension of numerous NGO’s and individuals regarding large scale violation of F.C. Act, 1980 in limestone mining areas of Jaintia Hills District. A quite but effective cover-up operation is reportedly on to somehow salvage the situation by regularizing and justifying the violations under the garb of technical jargon and semantics. An old Indian proverb mentions that when the chicken has eaten the grain offered by the owner it has to deliver – either by laying eggs or with its own meat.
The B.N. Jha report was first sent to Government of Meghalaya in September 2010 with recommendation to stop all activities like fresh clearing of natural vegetation, breaking of such land, removal of felled trees by any cement company till fresh appraisal of nature of land is carried out by a High Level Committee and consider revocation of environment clearance till prior permission under FC, Act is obtained by all defaulting cement plants. This counsel was further reiterated by AIGF, MoEF, Govt. of India in his letter of Nov 2010 to Principal Secretary, Forest & Environment, Government of Meghalaya. The State Government was put in a quandary since NOC etc was granted by the Forest & Environment Department or Autonomous District Councils. Majority of cement companies asserted that they were operating within areas officially “declared” as non-forest and permission to set up plant was granted by the Single Window System. Any blanket ban would have exposed the State to legal implications. To divert attention the Lafarge Umiam Mining Ltd in East Khasi Hills was brought into focus. The approach could educe some respite but not for long. Lafarge voluntarily came forward and suspended operations pending disposal of their case. The penalty imposed on the company for violation of FC Act, 1980 is over 100 crores to be deposited in phases, besides around Rs 40 crores contribution as CSR intervention through an SPV in sectors like health care, education, irrigation in addition to money for compensatory afforestation, NPU etc. in their area of activity. The question is how different yardsticks and rules are applicable for same or bigger offence? It is reported that three cement plants located in Jaintia Hills have ex- post facto submitted applications under FC, Act 1980, emulating the Lafarge example, in spite of having valid official documents, which they realize shall be rendered untenable in law at some point and do more harm than good to their cause. Autonomous District Councils have no authority to recommend or declare any area as “non forest”. All land under its jurisdiction shall be deemed as forest till proper categorization is reflected in the Working Plan to be prepared by the Councils and approved by MoEF. This is as per direction of Hon’ble Supreme Court in 1998(T.N. Godavarman Thirumulpad Vs Union of India – W.P. 202 of 1995).
The Central Empowered Committee(CEC), – (constituted by Hon’ble Supreme Court), which by then was seized of the matter, also endorsed setting up of a High Level Committee in January 2011 and as per CEC’s suggestion, Meghalaya Govt. in March/April 2011 notified the committee comprising of PCCF, Regional CCF (NER) and Principal Secretary Mines, Govt. of Meghalaya as Chairman, to look into the violation. The High Level Committee(HLC) is reported to have vindicated the BN Jha report confirming large scale mining in forest area in violation of FC Act, 1980.The dissolution of the HLC at a juncture when it was ready to submit its findings is attributed by many to be a step taken by the State Govt. On the contrary the truth is that Regional CCF, MoEF(NER) in August 2011 wrote to CEC referring to directions of Hon’ble Supreme Court judgement in IA no 1868 of 6th July 2011, based on which the HLC needs to be dissolved and the appraisal has to be done afresh by State Forest Department and himself. The CEC concurred and directed the State Govt. in November 2011 to wind up the HLC. The judgement referred to is more of a suggestion and open to interpretation since it speaks of project proponents claim on status of land being non-forest and desirability of State Forest Department “assisting” State Expert Appraisal Committee. In this case, both project proponents and authorities have confirmed area being non forest to be proved wrong by report submitted by Regional CCF (NER), unequivocally establishing violation. There is something amiss and the truth shall emerge once the new committee submits its report. An accused sitting in judgement over his or her case is bad in law and unlikely to solve the impasse, except for a cover-up, feel learned legal observers of the issue. The dissolution of the High Level Committee, constituted for re-appraisal of status of land being utilized by the cement companies in Jaintia Hills has raised many eye brows. A clarification from Hon’ble Supreme Court is proposed. Moreover, it will be difficult for the Regional Office of MoEF (NER) to rescind and take a U- Turn on B.N. Jha report of May 2010. The official by designation is in both the earlier and the new committee.
The cement lobby is extremely powerful, being the only viable industrial activity in the State with investment – both official and “facilitation”, running into hundreds of crores. The return on investment was phenomenal initially with tax holidays and subsidy being a bonus. However, there is always pressure on these companies to “share” their profit and subsidy with the powerful and mighty in corridors of power in their respective vocation and field of activity. In addition, during and a year prior to assembly and other elections these companies are believed to be the biggest contributors to the coffers of most political parties. The recent unprecedented hike in price of cement and sharing the spoils is attributed to this linkage. In return “opportunities” like mining anywhere is the least which the powerful can provide since many are millionaires – courtesy the cement companies. Hence, do they have the courage or the face to act or temerity to bite the hand that feeds?. Doubtful as the bond is cemented. In our country, rising prices of essential commodities is a common phenomenon in any election scenario. And once again it is the consumer and common man who are made to pay to keep afloat the vicious symbiotic relationship. Meghalaya is no different. The only dissimilarity is that while others protest we have developed the immunity to bear all with silence. But for how long?? (The writer is an environmentalist & social thinker)