SC seeks reply from Centre, States on plea against coal blocks auction in densely forest areas

Supreme Court on Monday sought response from Centre and seven states on a plea challenging decision to allocate/auction coal blocks for commercial mining in densely forested areas.

A bench heed by Chief Justice S A Bobde and Justices AS Bopanna and V Ramasubramanian issued tice and tagged matter along with or pending matters related to mining.

vocate Prashant Bhushan, appearing for an activist Sudiep Srivastava said that this is a serious issue as government has itself declared areas as go areas.

“Mr Bhushan, we are issuing tice but we will take up this matter along with or pending mining cases,” bench said.

seven states from whom top court has sought response include Chhattisgarh, Jharkhand, Maharashtra, Odisha, Mhya Presh, West Bengal and Telangana.   plea of Srivastava said, “ instant writ petition is being filed in larger public interest under Article 32 of Constitution of India challenging Union of India's decision/s to allot different coal block by of auction and allotment, situated in densely forested areas of different States whereas less forested coal blocks are available in abundance”.

It said that this is being done in contravention of principles of Sustainable Development and Precautionary Principle since only 15 per cent of Indian Coal Deposit lies beneath Densely Forested Areas and remaining 85 percent can fulfill even enhanced demand of Coal for coming 50 to 70 years.   “It is furr pertinent to mention that use of coal world over is going to be less year by year as renewable energy like Solar is w ecomically viable. India being signatory of Paris Climate Change Agreement also has an obligation to reduce/control its carbon footprint. Combustion of coal itself is a main source of CO2 emission and if same would be done by cutting dense forests which are main sink of CO2 n it would have a sort of qurupled impact on climate,” it said.

plea said that allotment of or major mineral deposits as well is being done in routine manner without classifying same in different categories on basis of environmental value and exploiting less damaging one at first instance and saving pristine area thus compromising environmental security of nation…”, it said.   plea said that decision to allot Coal and or mineral blocks in dense forest especially when less forested blocks are available is in direct contravention of National Forest Policy 1988 as well.

“In aforesaid backdrop re is a need of a guideline in terms of classification of mineral deposits on ir environmental value to guide clearance process that certain biodiversity rich areas are t to be touched unless environmentally less important deposits are completely exhausted,” it said.

plea said that Centre did t consider environmental aspect and went on to allot/auction many such coal blocks which were classified as Go areas along with Coal Blocks of GO areas.   “As many as 99 Coal Blocks have been allotted/ auctioned to various government and private companies between 2015 and till date under Coal Mines Special Provisions Act 2015.  29 of se Blocks were allotted by auction whereas 70 coal blocks have been allotted to various Government Companies' Out of se 99 coal blocks, in which 17 Coal Blocks were classified as GO,” plea ded.

It said that allotment or auction of Coal Blocks without any prior forest clearance is in contravention of provisions of Forest Conservation Act 1980 and Environment Protection Act 1986.

"Still Union of India has furr anunced auction of 41 Coal Blocks for commercial purposes and out of m 13 were classified as GO in earlier study and 8 were even classified as in violate by FSI,” it said.

petitioner sought de-allocation of all coal blocks situated in densely forested areas which were categorized as Go in 2010 study beside seeking a direction from Court to Centre for proper inventory of coal and all or major mineral deposits on basis of ir environmental value.

He also sought a direction by which mineral blocks should be allotted or auctioned without prior forest and environment clearance.

Srivastava said that a guideline is required to be framed for consideration of Forest and Environment Clearance proposals for mining like any or developmental project where alternates were required to be studied in terms of Forest Conservation Rules 1980 and Environment Impact Assessment tification 2006.   He sought quashing of auction of Coal Blocks earlier categorised as GO and/or In-Violate and de-allocation of all coal blocks classified as Go (category A) and In-Violate category allotted/auctioned between 2015- 2020, where mining has t commenced.

petition also sought direction to Centre to immediately tify all GO (A category) Coal Blocks of Go- Go study and In-violate Coal Blocks as Environmentally Sensitive Zone under Environment Protection Act of 1986.