The Supreme Court has stopped short of staying coal block auctions in Jharkhand and has hinted formation of an expert committee to study environmental concerns on mining in the state. Even as Attorney General (AG) KK Venugopal urged the top court to refrain from passing any restraining order, the court has allowed the Centre to argue its stand on November 6.
A 3-judge bench led by the CJI observed that they don’t want to stop the nation’s development, but natural wealth can’t be allowed to be depleted in a squabble between the Centre and state governments. The court held that it can’t study eco-sensitive issues, hence it would be appropriate to appoint a committee to examine the dispute on eco-sensitive zones and possible damage to the environment due to mining. Stating its intent to ensure that forests aren’t destroyed due to mining, the court held that economic value may be attached to timber, but not to a forest.
The apex court clarified that the environmental impact study will restrain the state government too from auctioning land for mines. The court wondered what the state government’s intentions were, referring to Jharkhand’s Chief Minister’s letter which seemed very enthusiastic about the auction.
While the court hinted that the expert committee may get a month to submit its report on mining impact assessment, the Centre opposed a stay order which will severely impact economic development, investment and employment opportunities in the mining industry. Representing the Union Government, AG said that though most mining blocks are located within a radius of 20 kilometres from eco-sensitive zones, the government policy satisfies every single law of the country. He pointed out that 2 mines have already been auctioned, and Jharkhand got the highest number of bids. Centre claimed that Jharkhand mines were getting 41% share for the state government as opposed to 14% for many other states. Centre contended that Jharkhand government wanted the process to be delayed only to maximise the value for auctions.
The Jharkhand government claimed that there are elephant corridors located within 20 kilometres of mining blocks, and questioned the timing of Centre’s decision to conduct mining auctions in the middle of the COVID pandemic, which may not result in maximization of value of natural resources.
While the petitioners referred to satellite images claiming incidence of mining in deep forests and near river beds, the court has kept their demand for an expert committee’s probe in abeyance till Centre files its reply.
