SC warns of contempt as re-grassing of mined areas not in existing leases

New Delhi, Dec 14 (SocialNews.XYZ) The Supreme Court on Monday expressed anguish after learning that its blanket direction for re-grassing of mined areas by leaseholders has not been incorporated in the existing mining leases.

Tapesh Kumar Singh, counsel representing the Jharkhand government, submitted before a bench headed by Justice S.A. Bobde that the blanket direction, passed by the top court on January 8, this year, for re-grassing of the mined area is not being complied with. Singh added that the re-grassing clause is yet to be incorporated in the existing mining leases after the top court order.

The bench also comprising Justices A.S. Bopanna and V. Ramasubramanian warned that it would take contempt action against the authority concerned and emphasised that without the court's nod, there should be no ground breaking after e-auction of coal blocks for commercial mining in Jharkhand. The top court said it may take action against officials concerned if its directions are not complied with.

"Don't break ground for mining in Jharkhand without our nod," said the Chief Justice.

The bench told Attorney General K.K. Venugopal that if its order is not complied, then the court may take contempt action against the concerned. The Chief Justice said re-grassing is important for grazing animals and asked Singh to share details with the AG in the matter he raised.

Senior advocate Fali S. Nariman, representing the Jharkhand government, said an independent committee could be sent to the site to examine the environmental degradation aspect. The Chief Justice asked Nariman to suggest names of people who could be appointed on the committee.

The observations from the top court came on pleas filed by Jharkhand government challenging the e-auction of coal block for commercial mining in the state. After a detailed hearing, the top court has listed the matter for further hearing in January.

On January 8, the top court noted that mining results in complete elimination of grass and directed the government to impose the condition on lease holders to restore the mined area by re-grassing, after mining operations ceases. This order was passed on a separate petition citing illegal mining across the country.

Besides this matter, the apex court issued notice to various states and the Centre on a PIL challenging mining in dense forest and eco-sensitive areas of the country. The plea questioned Centre's decision to allot different coal blocks, by way of auction, situated in densely forested areas of the different states and overlooking less forested coal blocks, which are available in plenty.

"The allotment of other major mineral deposits as well is being done in routine manner without classifying the same in different categories on the basis of environmental value and exploiting the less damaging one at the first instance and saving the pristine area that is compromising the environmental security of the nation," said this plea filed by Sudeip Shrivastava through advocate Prashant Bhushan.

Source: IANS

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