Skip to main content

Land acquisition for coalmining: Outdated law being used to 'bypass' consultation

Chhattisgarh Adivasis protest Govt of India move 
Counterview Desk 
The Union Ministry of Coal’s notification to acquire more than 700 hectares of forest and Adivasi land in the Hadeo Aranya region of Chhattisgarh for under the Coal Bearing Areas (Acquisition & Development) Act, 1957, is a “blatant attempt to bypass public consultation provisions under multiple Central laws including, the National Alliance of People’s Movements (NAPM), a civil rights network, has said.
The laws which are being allegedly being violated to allow the proposed Madan;pur South coalmine in the Hadeo Aranya include Panchayats (Extension to Scheduled Areas) Act, (PESA), 1996; Forest Rights Act (FRA), 2006; Environment Impact Assessment (EIA) Notification, 2006, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013, NAPM said, even as extending solidarity with the protesting local communities.
Seeking withdrawal of the notification, NAPM insisted in a statement, the “government must respect constitutional powers of adivasi gram sabhas demanding withdrawal of the land acquisition notification and recognize their right over community forest resources.”

Text:

NAPM strongly condemns the recent attempt by the Union Ministry of Coal to acquire land for the proposed Madanpur South coal mine in Hasdeo Aranya region of Korba, Chhattisgarh without the consultation and consent of affected Gond Adivasi and other local communities.
On December 24, 2020, the Coal Ministry issued a notification to acquire 712.072 hectares of forest and Adivasi land affected by the project under the provisions of the Coal Bearing Areas (Acquisition & Development) Act, 1957, of which 648.601 hectares is forest land and 63.471 is non-forest and private land.
Most of this land lies in the dense and biodiversity-rich Hasdeo Aranya forest region which will be decimated by multiple coal mining projects being proposed in this area. The forest areas earmarked for diversion by this project also overlap with land for elephant reserve proposed by the Chhattisgarh state government.
The Madanpur South mine was allotted by the Central government to the Andhra Pradesh Mineral Development Corporation (APMDC) in 2016, which chose Essel Mining & Industries Limited (part of the Aditya Birla Group) as the private Mine Developer and Operator (MDO) of the mine. The project is yet to acquire mandatory Environmental and Forest Clearances required prior to the start of land acquisition and mining.
Local, predominantly Gond Adivasi, and forest dependent communities of the Hasdeo Aranya region have been strongly opposed to the project. The proposed mine will displace an estimated 90 families in the two villages of Morga and Ketma. It will also completely destroy large areas of dense forests and water bodies that are central to the livelihood of hundreds of families in the region.
Multiple central government laws for land acquisition of Adivasi land and diversion of forest land require the prior consultation and consent of affected communities. These include the Forest Conservation Act, 1980; Panchayats (Extension to Scheduled Areas) Act, 1996; Forest Rights Act, 2006; Environment Impact Assessment Notification, 2006; and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
In contrast to these legislations, land notified under the Coal Bearing Areas (Acquisition & Development) Act can be acquired without consultation of affected communities, who have only 30 days to submit their objections. The Coal Ministry’s recent attempt to use this outdated and draconian Act for land acquisition is a clear attempt to bypass vital provisions for public consultation and consent prior to land acquisition.
Demand for recognition of community forest resources rights under the Forest Rights Act, filed by 21 gram sabhas in the Hasdeo Arand region, remains pending
Adivasi and other local communities who will lose their land and forests due to the Madanpur South Mine have strongly rejected the government’s unjust and illegal efforts to acquire their land. On January 16, 10 gram sabhas from the Hasdeo Aranya region formally registered their opposition to this project and the absence of public consultation processes with the Union Coal Ministry and Government of Chhattisgarh. Ongoing protests in Morga, one of the villages facing displacement due to the mine, have also seen strong participation from other villages in the region.
These have included a public gathering under the banner of the Hasdeo Aranya Bachao Sangharsh Samiti on February 11, which involved hundreds of villagers affected by three other proposed coal mines in Hasdeo Aranya -- Parsa, Paturia and Gidhmuri. 
Moreover, the demand for recognition of community forest resources rights under the Forest Rights Act, filed by 21 gram sabhas in the Hasdeo Arand region, remains pending. Under this Act’s provisions, diversion of forest land can only be undertaken after the formal settlement of such claims to community forest resources.
NAPM stands in solidarity with Gond Adivasi and local communities opposing the Madanpur South coal mine and other proposed mines in the Hasdeo Aranya forest region. We fully support their legitimate demands for cancellation of these projects, which severely threaten their livelihoods, environment, health and way of life.
The Union Ministry of Coal must immediately withdraw its unfair and illegal notification to acquire land using provisions of the Coal Bearing Areas (Acquisition & Development) Act. The use of outdated laws to bypass established processes for public consultation and consent of local communities is condemnable.
  • We demand that claims filed by affected gram sabhas for community forest resources under the Forest Rights Act be recognised on an urgent basis.
  • Union Government must reinstate previous recognition of Hasdeo Aranya and other highly biodiverse forest regions as ‘no-go’ areas for coal mining projects.
---
Click here for signatories

Comments

Anonymous said…
If the person bidding for mining rights is a crony politician - the process of overturning law and governments becomes very easy

TRENDING

Reducing emission? India among top nations whose coal as energy source going up

By NS Venkataraman*  The State of the Global Climate report by the World Meteorological Organization (WMO) confirmed that the year 2023 was the warmest year on record, with the global temperature of 1.4 degree celsius above pre-industrial 1850-1900 base line.

Lockdown 'total failure' of science more than of politics: Open letter on 4th anniversary

Counterview Desk  In an open letter to fellow academicians, scientists and medical practitioners in India, marking the fourth anniversary of India's lockdown (25 March 2024), the Managing Committee* of the Universal Health Organisation (UHO) has insisted on the need to "repair two years of immense damage to science".

Insider plot to kill Deendayal Upadhyay? What RSS pracharak Balraj Madhok said

By Shamsul Islam*  Balraj Madhok's died on May 2, 2016 ending an era of old guards of Hindutva politics. A senior RSS pracharak till his death was paid handsome tributes by the RSS leaders including PM Modi, himself a senior pracharak, for being a "stalwart leader of Jan Sangh. Balraj Madhok ji's ideological commitment was strong and clarity of thought immense. He was selflessly devoted to the nation and society. I had the good fortune of interacting with Balraj Madhok ji on many occasions". The RSS also issued a formal condolence message signed by the Supremo Mohan Bhagwat on behalf of all swayamsevaks, referring to his contribution of commitment to nation and society. He was a leading RSS pracharak on whom his organization relied for initiating prominent Hindutva projects. But today nobody in the RSS-BJP top hierarchy remembers/talks about Madhok as he was an insider chronicler of the immense degeneration which was spreading as an epidemic in the high echelons of th

Magnetic, stunning, Protima Bedi 'exposed' malice of sexual repression in society

By Harsh Thakor*  Protima Bedi was born to a baniya businessman and a Bengali mother as Protima Gupta in Delhi in 1949. Her father was a small-time trader, who was thrown out of his family for marrying a dark Bengali women. The theme of her early life was to rebel against traditional bondage. It was extraordinary how Protima underwent a metamorphosis from a conventional convent-educated girl into a freak. On October 12th was her 75th birthday; earlier this year, on August 18th it was her 25th death anniversary.

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

'Flawed' argument: Gandhi had minimal role, naval mutinies alone led to Independence

Counterview Desk Reacting to a Counterview  story , "Rewiring history? Bose, not Gandhi, was real Father of Nation: British PM Attlee 'cited'" (January 26, 2016), an avid reader has forwarded  reaction  in the form of a  link , which carries the article "Did Atlee say Gandhi had minimal role in Independence? #FactCheck", published in the site satyagrahis.in. The satyagraha.in article seeks to debunk the view, reported in the Counterview story, taken by retired army officer GD Bakshi in his book, “Bose: An Indian Samurai”, which claims that Gandhiji had a minimal role to play in India's freedom struggle, and that it was Netaji who played the crucial role. We reproduce the satyagraha.in article here. Text: Nowadays it is said by many MK Gandhi critics that Clement Atlee made a statement in which he said Gandhi has ‘minimal’ role in India's independence and gave credit to naval mutinies and with this statement, they concluded the whole freedom struggle.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

'Wrong direction': Paris NGO regrets MNC ArcelorMittal still using coal-based steel

By Rajiv Shah  A new report by Paris-based non-governmental research and campaigning organization, Reclaim Finance, has blamed the MNC ArcelorMittal – formed in 2006 following the takeover and merger of the western European steel maker Arcelor (Spain, France, and Luxembourg) by Indian-owned Mittal Steel – for using use “climate destructive” metallurgical coal for its projects in India.

Attack on foreign students: Gujarat varsity's reputation, ranking at stake, say academics

Counterview Desk  Expressing anguish over the attack on international students in Gujarat University hostels, a letter claimed to have been signed by 122 current and former academics has asked the Gujarat Vice Chancellor, Dr Neerja Gupta, to provide emotional support to the attacked students and to ensure their physical safety.  

Poor private sector engagement 'impacting' carbon pricing policy in Global South

Counterview Desk  The joint report by Environmental Defense Fund and Observer Research Fund, "Navigating Carbon Pricing: The G20 Experience and Global South Prospects", delves into the complex landscape of carbon pricing, examining its application within the G20 nations and the potential implications for emerging economies in the Global South.  The report claims to provide insights and recommendations for effective carbon pricing strategies in diverse economies.  A note: The Environmental Defense Fund (EDF) and Observer Research Foundation (ORF) have launched the Navigating Carbon Pricing: The G20 Experience and Global South Prospects” report. The report delves into the complex landscape of carbon pricing, examining its application within the G20 nations and the potential implications for emerging economies in the Global South. The report offers a comprehensive analysis of various carbon pricing instruments currently in existence, providing valuable i