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Land acquisition for coalmining: Outdated law being used to 'bypass' consultation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

राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी: जल जीवन मिशन के लक्ष्य को पाने समन्वित प्रयास जरूरी

- राज कुमार सिन्हा*  जल संसाधन से जुड़ी स्थायी समिति ने वर्तमान लोकसभा सत्र में पेश रिपोर्ट में बताया है कि "नल से जल" मिशन में राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी साबित हुए हैं। जबकि देश के 11 राज्यों में शत-प्रतिशत ग्रामीणों को नल से जल आपूर्ति शुरू कर दी गई है। रिपोर्ट में समिति ने केंद्र सरकार को सिफारिश की है कि मिशन पुरा करने में राज्य सरकारों की समस्याओं पर गौर किया जाए। 

Beyond his riding skill, Karl Umrigar was admired for his radiance, sportsmanship, and affability

By Harsh Thakor*  Karl Umrigar's name remains etched in the annals of Indian horse racing, a testament to a talent tragically cut short. An accident on the racetrack at the tender age of nineteen robbed India of a rider on the cusp of greatness. Had he survived, there's little doubt he would have ascended to international stature, possibly becoming the greatest Indian jockey ever. Even 46 years after his death, his name shines brightly, reminiscent of an inextinguishable star. His cousin, Pesi Shroff, himself blossomed into one of the most celebrated jockeys in Indian horse racing.

How the slogan Jai Bhim gained momentum as movement of popularity and revolution

By Dr Kapilendra Das*  India is an incomprehensible plural country loaded with diversities of religions, castes, cultures, languages, dialects, tribes, societies, costumes, etc. The Indians have good manners/etiquette (decent social conduct, gesture, courtesy, politeness) that build healthy relationships and take them ahead to life. In many parts of India, in many situations, and on formal occasions, it is common for people of India to express and exchange respect, greetings, and salutation for which we people usually use words and phrases like- Namaskar, Namaste, Pranam, Ram Ram, Jai Ram ji, Jai Sriram, Good morning, shubha sakal, Radhe Radhe, Jai Bajarangabali, Jai Gopal, Jai Jai, Supravat, Good night, Shuvaratri, Jai Bhole, Salaam walekam, Walekam salaam, Radhaswami, Namo Buddhaya, Jai Bhim, Hello, and so on. A soft attitude always creates strong relationships. A relationship should not depend only on spoken words. They should rely on understanding the unspoken feeling too. So w...

Aurangzeb’s last will recorded by his Maulvi: Allah shouldn't make anyone emperor

By Mohan Guruswamy  Aurangzeb’s grave is a simple slab open to the sky lying along the roadside at Khuldabad near Aurangabad. I once stopped by to marvel at the tomb of an Emperor of India whose empire was as large as Ashoka the Great's. It was only post 1857 when Victoria's domain exceeded this. The epitaph reads: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e ghareebaan gumbad e gardun bas ast." (The rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave) The modest tomb of Aurangzeb is perhaps the least recognised legacies of the Mughal Emperor who ruled the land for fifty eventful years. He was not a builder having expended his long tenure in war and conquest. Towards the end of his reign and life, he realised the futility of it all. He wrote: "Allah should not make anyone an emperor. The most unfortunate person is he who becomes one." Aurangzeb’s last will was re...

PUCL files complaint with SC against Gujarat police, municipal authorities for 'unlawful' demolitions, custodial 'violence'

By A Representative   The People's Union for Civil Liberties (PUCL) has lodged a formal complaint with the Chief Justice of India, urging the Supreme Court to initiate suo-moto contempt proceedings against the police and municipal authorities in Ahmedabad, Gujarat. The complaint alleges that these officials have engaged in unlawful demolitions and custodial violence, in direct violation of a Supreme Court order issued in November 2024.

Incarcerated for 2,424 days, Sudhir Dhawale combines Ambedkarism with Marxism

By Harsh Thakor   One of those who faced incarceration both under Congress and BJP rule, Sudhir Dhawale was arrested on June 6, 2018, one of the first six among the 16 people held in what became known as the Elgar Parishad case. After spending 2,424 days in incarceration, he became the ninth to be released from jail—alongside Rona Wilson, who walked free with him on January 24. The Bombay High Court granted them bail, citing the prolonged imprisonment without trial as a key factor. I will always remember the moments we spent together in Mumbai between 1998 and 2006, during public meetings and protests across a wide range of issues. Sudhir was unwavering in his commitment to Maoism, upholding the torch of B.R. Ambedkar, and resisting Brahmanical fascism. He sought to bridge the philosophies of Marxism and Ambedkarism. With boundless energy, he waved the banner of liberation, becoming the backbone of the revolutionary democratic centre in Mumbai and Maharashtra. He dedicated himself ...

Censor Board's bullying delays 'Phule': A blow to India's democratic spirit

By Vidya Bhushan Rawat*  A film based on the life and legacy of Jyotiba Phule and Savitribai Phule was expected to release today. Instead, its release has been pushed to the last week of April. The reason? Protests by self-proclaimed guardians of caste pride—certain Brahmin groups—and forced edits demanded by a thoroughly discredited Censor Board.

State Human Rights Commission directs authorities to uphold environmental rights in Vadodara's Vishwamitri River Project

By A Representative  The Gujarat State Human Rights Commission (GSHRC) has ordered state and Vadodara municipal authorities to strictly comply with environmental and human rights safeguards during the Vishwamitri River Rejuvenation Project, stressing that the river’s degradation disproportionately affects marginalized communities and violates citizens’ rights to a healthy environment.  The Commission mandated an immediate halt to ecologically destructive practices, rehabilitation of affected communities, transparent adherence to National Green Tribunal (NGT) orders, and public consultations with experts and residents.   The order follows the Concerned Citizens of Vadodara coalition—environmentalists, ecologists, and urban planners—submitting a detailed letter to authorities, amplifying calls for accountability. The group warned that current plans to “re-section” and “desilt” the river contradict the NGT’s 2021 Vishwamitri River Action Plan, which prioritizes floodpla...

CPM’s evaluation of BJP reflects its political character and its reluctance to take on battle against neo-fascism

By Harsh Thakor*  A controversial debate has emerged in the revolutionary camp regarding the Communist Party of India (Marxist)'s categorization of the Bharatiya Janata Party. Many Communists criticize the CPM’s reluctance to label the BJP as a fascist party and India as a fascist state. Various factors must be considered to arrive at an accurate assessment. Understanding the original meaning and historical development of fascism is essential, as well as analyzing how it manifests in the present global and national context.

Implications of deaths of Maoist leaders G. Renuka and Ankeshwarapu Sarayya in Chhattisgarh

By Harsh Thakor*  In the wake of recent security operations in southern Chhattisgarh, two senior Maoist leaders, G. Renuka and Ankeshwarapu Sarayya, were killed. These operations, which took place amidst a historically significant Maoist presence, resulted in the deaths of 31 individuals on March 20th and 16 more three days prior.