Recently, the Supreme Court of India issued a verdict that the illegal miners, especially those who did not receive forest and environment clearances, have to pay penalty equivalent to 100 per cent of the value of the minerals raised.
A Bench of Justices, Madan B lakur and Deepak Gupta, observed in their judgment that illegal lease holders cannot have their cakes and eat it too. It is absolutely correct that, the offenders should not be rewarded for their offences, the court observed and directed the Government of India to pronounce a “fresh and more effective meaningful implementable mining policy for the country and for which a deadline of December 31 was fixed.
It is an irony that our country gets thousands crores of rupees from mining every year, but there is no strong and effective mining policy to control the illegal miners and the unscrupulous Government employees. Such pronouncement of judgment is made in the light of a PIl filed by a NGO for illegal mining of iron-ore and manganese ore from Odisha forest.
Not only iron ore or manganese ore, but also other minerals, such as coal and non-mineral based items like quartz limestone etc. are exploited form the forest lands without valid approval of forest clearances.
All these illegalities are happening because of a nexus of the miners with the Government employees. Without the knowledge of the Government employees of respective departme nts, such illegality cannot be possible. The writer is a retried forest employee of State Government and has practical experience on how forest resources are destroyed by running mines. The mining lease holders cause enormous damages to the forest wealth of diverse flora and fauna. This is usual affairs in the State.
As observed, out of total 187 mining projects in the mining districts like Keonjhar, Mayurbhanj and Sundargarh districts, about102 have no forest or environment clearance. Yet the illegal miners exploited minerals worth of Rs 17,577 crore over the period of operations. How this is possible without the involvement of Government employees of Forest, Mining, Revenue and Police Departments, who have major role in administrative networkIJ There is always nexus between the Government employees and the miners.
The court has also observed that the same situation is prevailing all over the country. The compensation to be collected will have wider meaning. The compensation means, the damage done to a particular case object or matter that has to compensated. In case of damage caused to a virgin ecological system, how can the damages be assessed in terms of moneyIJ It is not possible in true practical purposes. The Supreme Court rightly inferred to pay full time royalty of the minerals exploited by the miners violating the law of the land. The State Government of Odisha on Tuesday decided to issue notices to the mining lease holders for realization of Rs 17,576 crore from the violators of environment clearances. Besides the above, a meeting chaired by the Chief Secretary took a decision for immediate recovery of the amount from the defaulting lessees as per the guidelines of the Supreme Court. The amount is determined and fixed basing on report of the Central Empowered Committee, as stated by the Chief Secretary of the State, but the assessment towards forest clearance will be done separately.
The offences committed are three-fold. One is environmental clearance, two, forest Clearance and third one is violation of mining plans. The evaluated amount for violation of mining plans of operation in leasehold areas is about Rs 2,000 crore. The State Government will issue fresh notice to those who have violated the plans under the provision of MMDR Act by December 31. As per sources, in 2012 the State Government of Odisha had assessed Rs 59,000 crore as penalty to be imposed on 146 miners, who violated the norms and terms of mining principles. However, later the amount was reconciled to Rs 17,576.16 crore, which include Rs 17, 091 crore for iron ores and Rs 484.92 crore for manganese ores. The present price is the weighted average price of minerals according to the Indian Bureau of Mines. This matter needs further investigation as to how Rs 59,000 crore of compensation was reduced to Rs 17,576 crore. The public is entitled to know the details.
The Supreme Court is justified to take strong action to deal with the defaulters of mining, where the State Government and the Government of India fail to deal as per law. The exploitation of natural resources without permission from the competent authorities is an offence in the eyes of law.
Instead, the Government of India favours the defaulters for enriching the coffers of the violators.
The ecology of Mayurbhanj, Keonjhar and Sundargarh districts is almost the same. The biodiversities of the region are almost the same. These areas are contiguous to each other geographically. The hills and valleys are the most prominant features of the region.
The gigantic Sal forests with other associated species of evergreen nature are found in this region. The highest order of carnivores, the Royal Bengal Tiger (RBT), is present in the region. The tiger project Similipal is situated in this region, which provides home as well as sustainable life to the RBTs.
Due to rampant and extensive mining, the whole biosphere was disturbed and damaged for paceful coexistence of carnivores and herbivores. The several species of flora and fauna of the tropical region were lost due to unprincipled mining operations. Once the natural ecological environment is lost, it is not possible to bring back the original status.
Again the region is thickly populated with different tribes and forest dwellers who cannot express anguish before others. They suffer most as the entire mining land is highly polluted by air, water and noise pollutions.
Their healthcare and health management are highly neglected. The mining operations in these areas work as a social devil; their normal lives of the locals are at a stake.
The Government should take cognizance of these facts, including the damage done to ecological by the law-breakers. There to be financial punishment as well as the lawful prosecutions against them. The Government employees, who have neglected their duties, proved their inefficiencies and resorted to professional dishonesty, should be dealt with properly and lawfully for the sake of justice.
(The writer is a former senior forest officer and an environmentalist. Tel no 9937460649)