SC warns of contempt action for non-compliance of order regarding re-grassing of mined areas

  Supreme Court on Monday took te of Jharkhand’s government claim about n-compliance of its earlier direction regarding re-grassing of mined areas by leaseholders after ceasing operations and warned that it might take contempt action against concerned authority.

A bench heed by Chief Justice S A Bobde told Centre that groundbreaking after e-auction of coal blocks for commercial mining be done in Jharkhand without apex court’s d.

apex court also said it might take action against concerned officials if directions given by top court were t complied with.

“Don't break ground for mining in Jharkhand without our d,” bench, also comprising Justices A S Bopanna and V Ramasubramanian, said.

apex court, while ting that mining results in complete elimination of grass, h on January 8 directed government to impose condition on leaseholders that y will have to restore mined area by re-grassing it after ceasing operations.

top court, which h passed order on a separate petition against large-scale illegal mining across country, h asked Centre to devise appropriate methods to ensure compliance with this condition.

During hearing conducted through video-conferencing on Monday, bench was apprised by vocate Tapesh Kumar Singh, appearing for Jharkhand government, that direction given by top court regarding re-grassing was t being complied with.

“Attorney General, if our order is t complied with n we may take contempt action against concerned. We want strict compliance of our order. Re-grassing needs to be done for grazing animals. Animals cant graze due to mining,” bench said.

apex court asked Singh to give details in this regard to Attorney General K K Venugopal so that he would look into it.

bench, which was hearing pleas filed by Jharkhand government on issue of e-auction of coal block for commercial mining in state, said it would hear matter in January.

Senior vocate Fali S Nariman, who appeared for Jharkhand government, said since matter is listed in January, an independent authority could be sent to examine sites.

“Give us some name Mr. Nariman as one of names you suggested has passed away. We will keep matter in first week of January,” bench said.

Besides pleas filed by Jharkhand government, bench also took up a separate plea related to issue and issued tice to Centre and ors seeking ir replies on it.

On vember 6, apex court h categorically told Centre that vember 9 e-auction of 34 coal blocks, including five in Jharkhand, shall be subject to its final order.

apex court h also asked Centre to inform bidders that benefits of any nature to m will be provisional.

Attorney General, appearing for Centre, h told bench that trees will be cut in area.

In its te filed earlier in matter, Centre h given details of coal mines that are to be auctioned and ir distance from nine eco-sensitive zones/ protected area/wildlife sanctuary.

It h said out of nine coal blocks, five will be auctioned while auction of four coal mines--Choritand Tiliaya, Chitarpur, rth Dhhu, and Sheregarha-have been canceled due to receipt of fewer than two bids.

On vember 9, financial bids were to be opened for five or coal blocks of Jharkhand which include--Gondalpara, Rajhara rth, Urma Paharitola, Brahmiha, and Chakla.

It h also referred to various cases laws and office memorandum of Ministry of Environment, Forest and Climate Change with regard to procedure for consideration of development projects located within 10 kilometers of National Park/Wildlife Sanctuary seeking environmental clearance under provisions of Environmental Impact Assessment (EIA) tification, 2006.

On vember 4, top court h said it intends to pass an order that any proposed mining block within 50-kilometer rius of an eco-sensitive zone will t be e-auctioned in Jharkhand and a similar direction may be passed if such things are brought to its tice from or states.

Maintaining that it only wanted to ensure that "forests are t destroyed," top court h also said it was mulling over setting up of an expert committee to examine wher an area near proposed mining sites in Jharkhand qualifies to be an eco-sensitive zone.

Centre h opposed remarks of top court saying mining sites were at a distance of 20 to 70 km from such eco-sensitive zones and in states like Goa, mining would become impossible if this distance parameter is applied.

On September 30, top court h observed that if an area falls under an eco-sensitive zone n neir Centre r state government will have right to mine it.

Jharkhand h sought to postpone of e-auction of coal block for commercial mining in state till its suit under Article 131 is decided by top court. 

(IM CREDITS: PTI)