The gloomy days for mineral lessees in the State are far from over. After being slapped with shut-down notice from the State Mining Department, the Jharkhand State Pollution Control Board has refused to consider the ‘deemed renewal provision’ for granting the licence to operate.
The step has come after the State Government’s Wednesday decision to stop mining operations in 12 iron ore mines falling in the ore rich West Singhbhum and has informed the district administration for compliance.
“Earlier we also used to grant the consent to operate under deemed provision. But after the decision by the Government and considering the spirit of the Supreme Court’s order, in future the NOC would be given only after the company furnishes a valid mining lease,” JSPCB Chairman AK Mishra told The Pioneer on Thursday.
Mining companies previously have been operating without getting their mining licenses renewed under the deemed renewal provision in Rule 24A (6) of the Mineral Concession Rules, 1960. As the lessees have a right of first renewal for a period not exceeding 20 years under Section 8(2) of the Mines and Minerals (Development and Regulation) Act, 1957 and as under Rule 24A(6) of the Mineral Concession Rules, 1960, the leases are deemed to have been extended by a further period till State Government passes orders thereon. These provisions have been behind the continuation of mines as decisions on the renewal are pending with the State without ‘yes or no’.
Companies held the State Government responsible for the impasse. “They don’t renew the leases on time and keep sitting on our applications. In the view of the Supreme Court’s judgment related to Odisha, the Jharkhand Government could also have issued an ‘express order’ (under Section 8(3) of the MMDR Act, 1957) which is to put forth its intention to renew the lease under a stipulated time. After the May 16 order, we have written letter after letter, our higher authorities have met the State Government officials, Chairman came and even the Union Steel Minister (Narendra Singh Tomar) discussed the matter with the Mines Secretary,” said an official of the SAIl.
Although the apex court while rejecting the submission of lessees about inaction from the State Government had said that after the expiry of the first renewal (20 years) they have right only to apply for further renewal of the leases under Section 8(3) of the MMDR Act, 1957 and the State Government has the power to renew for a further period only if it forms the opinion that it is in the interest of mineral development.
The decision of the State Government has come in the wake of the Centre’s July 18 directive which asked all the states to shut mines running under deemed extensions under second or subsequent renewals.
The Maharatna company is set to receive immediate jolt by the decision as just eight days of stock remains with its Bokaro Steel plant. SAIl’s Gua and Chiria mines are already closed; shutting operations at Durgaiburu, Bidhaburu and Kiriburu-Meghathaburu would severally dent on its Burnpur, Durgapur and Raurkela plants.
Nevertheless some respite seems in the pipeline following the decision and the Mining Department has expedited the process to examine the compliances given by the companies.
“There are certain problems with the documents submitted besides environmental clearances. The Mining rules have laid out host of guidelines and a company has to meet all those. Fresh hearings have been started and the suffered companies would be called to present their side,” said an official of the Mines Department.
The SC verdict had, at the same time, put a deadline of six months to ensure that the entire process of consideration and disposal of renewal applications under Section 8(3) of the Act is completed within the stipulated period.
Besides SAIl, iron ore mines of Tata Steel, Singhbhum Minerals, Ml Jain and Sons, Devka Bhai, Rameshwar Jute Mill, Orissa Manganese and Minerals, Vijay Kumar Ojha Bara, M/s Singhbhum Mineral Company and Padam Kumar Jain have been sent the stop operation order. This will allow just five other mines to be operated in the State out of total 17.