April 14, 2010, Governance Now
Mining firms start using non-forest land while eco approval is pending
Ask Environment and Forests Minister Jairam Ramesh, the one who has taken up cudgels for the green cause, why his ministry has been flouting its own rules in letting mining activities in non-forest areas.
The answer: Ramesh regrets. Yes, that’s right. His PA said “the minister regrets”. Does it mean he will not answer the questions? “Yes,” said his PA.
On prodding, the aide said he had put up a set of questions from Governance Now before Ramesh. The minister sent it back with just one word scribbled on the paper: “Regrets”.
I had written to the minister on April 8: "I am in possession of two communications from your ministry to the Orissa government, asking the principal secretary/special secretary (forests) to allow construction activities and mining activities in non-forest land even while final approval for the forest part of the proposal is pending with your ministry. This is a clear violation of your ministry's guidelines. How are your officials violating the guidelines and asking the Orissa government to violate it too?
“One case pertains to Aditya Alumina Ltd regarding diversion of 119.264 hectare of forest land in Sambalpur district for establishing a smelter plant. The letter is dated January 6, 2010 and has been signed by BK Singh, senior assistant inspector general of forests.
“The second instance relates to Tata Steel, regarding lease for Katamati mines in Keonjhar district. The mining proposal is pending with the Orissa government, your ministry's letter of December 18, 2009 says. The letter then instructs the special secretary (forests) that 'the mining may be allowed in non-forest land as per the map submitted with above mentioned diversion purpose". This letter too has been signed by BK Singh. It goes on to say Tatas' working is restricted to non-forest land since 1983.
“The third case relates to French multinational Lafarge's mining operations in Meghalaya – the matter is pending with the Supreme Court now. My question is what action you have taken against the officials who certified the mining area as 'rocky region' without any possibility of natural growth of forest in the Rapid Environment Impact Assessment Report of April 2000, on the basis of which mining was allowed. Later, the regional MoEF office in its letter of June 1, 2006 said the mining area is 'found surrounded by thick natural vegetation cover'. And what steps have you taken to prevent such ghastly acts by your officials?”
The minister himself has been at pains to explain the guidelines regarding the Forest (Conservation) Act of 1980, which says “that when a project involves both non-forest and forest lands, construction in the non-forest land should not begin without clearance for activity in the forest land itself.”
See attachments below for MoEF's letters flouting its own guidelines and asking Orissa government to do so.
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