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Land acquisition for coalmining: Outdated law being used to 'bypass' consultation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

Defeat of martial law: Has the decisive moment for change come in South Korea?

By Steven Lee  Late at night on December 3, soldiers stormed into South Korea’s National Assembly in armored vehicles and combat helicopters. Assembly staff desperately blocked their assault with fire extinguishers and barricades. South Korea’s President Yoon Suk Yeol had just declared martial law to “ eliminate ‘anti-state’ forces .”

70,000 migrants, sold on Canadian dream, face uncertain future: Canada reinvents the xenophobic wheel

By Saurav Sarkar*  Bikram Singh is running out of time on his post-study work visa in Canada. Singh is one of about 70,000 migrants who were sold on the Canadian dream of eventually making the country their home but now face an uncertain future with their work permits set to expire by December 2024. They came from places like India, China, and the Philippines, and sold their land and belongings in their home countries, took out loans, or made other enormous commitments to get themselves to Canada.

A groundbreaking non-violent approach: Maharishi’s invincible defense technology

By MajGen (R) Kulwant Singh, Col (R) SP Bakshi, Col (R) Jitendra Jung Karki, LtCol (R) Gunter Chassé & Dr David Leffler*  In today’s turbulent world, achieving lasting peace and ensuring national security are more urgent than ever. Traditional defense methods focus on advanced weapons, military strategies, and tactics, but a groundbreaking approach offers a new non-violent and holistic solution: Maharishi’s Invincible Defense Technology (IDT). 

Govt of India asked to work for release of 217 Indian fishermen detained in Pakistan since 2021

By A Representative  Members of the fishing communities from Gujarat and Diu, Union Territory, held a press conference in Ahmedabad, urging the Union Government to take proactive measures to secure the release of Indian fishermen currently detained in Pakistan. Presently, 217 Indian fishermen, mostly from Gujarat and Diu, are held in Pakistan’s Malir Jail. Of these, 53 have been incarcerated since 2021 and 130 since 2022.

This book examines dialectics of complex caste and class relationship

By Harsh Thakor*  In Caste and Revolution by N. Ravi, the author addresses questions raised by Dalit and Bahujan intellectuals inspired by revolutionary parties. These questions center on caste issues and seek to formulate a profound diagnosis to chart a path toward the annihilation of caste. The book explains how caste-based feudalism and comprador bureaucratic capitalism intertwine to perpetuate the caste system. It asserts that only the path of a New Democratic Revolution can eradicate caste. The book delves into the need for an equal position for oppressed castes in all layers of society to abolish caste discrimination and oppression. It offers an analytical diagnosis, a penetrating navigation, and a detailed account of the dialectics of caste and class across diverse spheres. Annihilation of Caste and the New Democratic Revolution A revolutionary party develops a perspective document on the caste question, integrating its understanding of caste and the program for caste annih...

34 Dalit families in IIT Kanpur without toilets in Open Defecation Free India

By Sandeep Pandey   When Indian Institute of Technology at Kanpur was set up in 1959, two villages were uprooted. The farmers were given meagre compensation for the standing crop. No compensation was given for the land to build this institute of national importance. Each family was promised a job but what was not told to them was that one would require specialised skills to get a job at IIT. Some members of these families were, of course, absorbed for menial work. Some washerfolk families were also invited from outside to live on campus to take care of the laundry needs of students, staff and faculty members. One of these men was cajoled by IIT authorities then to forego a regular employment at IIT and instead take up clothes washing work.

प्राकृतिक संसाधनों के दोहन करने की प्रतिस्पर्धा: बढ़ रही पर्यावरणीय और सामाजिक चुनौतियां

- राज कुमार सिन्हा  प्राकृतिक संसाधनों और कॉमन्स, जैसे सामुदायिक भूमि, वन, चारागाह और जल निकाय स्थानीय समुदायों के लिए महत्वपूर्ण हैं जो इन संसाधनों पर निर्भर हैं और उनके सतत् उपयोग एवं संरक्षण के लिए पीढ़ियों से प्रयासरत हैं। कॉमन्स न केवल हमारी पारिस्थितिकी को संतुलित रखते हैं, बल्कि ग्रामीण आजीविका, जैव विविधता, और जलवायु अनुकूलन के लिए भी महत्वपूर्ण हैं। दुर्भाग्यवश, हर साल इन संसाधनों में 4% की कमी आ रही है, जिससे पर्यावरणीय और सामाजिक चुनौतियां बढ़ रही हैं। इन कॉमन्स के संरक्षण और पुनरुद्धार के लिए दीर्घकालीन योजना पर कार्य करने की आवश्यकता है। जिससे एक बेहतर, समान और टिकाऊ भविष्य का निर्माण हो सके।

Local businessman subjected to physical assault, verbal abuse: Demand for accountability, justice

By Kirity Roy* On October 9, 2024, a disturbing incident of harassment and abuse took place in the Swarupnagar Block of North 24 Parganas district, involving a local businessman, Hasanur Gazi, who was subjected to physical assault, verbal abuse, and religious discrimination by a Border Security Force (BSF) constable. The incident, which occurred at the Hakimpur Checkpost, has raised serious concerns about the safety and dignity of citizens living in border areas, especially those belonging to religious minorities.

બેટ દ્વારકામાં માત્ર મુસ્લિમ ઘરો અને ધાર્મિક સ્થળો પર બુલડોઝર કાર્યવાહી: તાત્કાલિક રોકવાની માંગ

- પ્રતિનિધિ   દ્વારા   બેટ દ્વારકામાં મુસ્લિમ સમુદાયના ઘરો અને ધાર્મિક સ્થળો પર તંત્ર દ્વારા થયેલી બુલડોઝર કાર્યવાહી સામે સામાજિક આગેવાનો અને નાગરિકોમાં ભારે વિરોધ જોવા મળી રહ્યો છે. સ્થાનિકોમાંથી કેટલાક દ્વારા ગુજરાતના મુખ્યમંત્રીને લેખિતમાં રજૂઆત કરવામાં આવી છે, જેમાં આ કાર્યવાહી તાત્કાલિક રોકવાની માંગ ઉઠાવવામાં આવી છે.