Centre makes ‘re-grassing’ of mined out areas mandatory
| Date :28-Jan-2020 |
Staff Reporter :
In addition to standard conditions imposed in the process for approvals accorded under Forest Conservation Act, the mining companies in the country will have to undertake ‘re-grassing’ of mined out areas. Central Government has issued directives in this regard to the Principal Chief Conservator of Forests of all the States. Forest Conservation Division under Union Ministry of Environment, Forest and Climate Change has issued the directives on January 14, 2020, with signature of Sandeep Sharma, Assistant Inspector General of Forests. As per the directive, the following condition is stipulated, “The mining lease holder shall, after ceasing mining operations, undertake re-grassing the mining area and any other areas which may have been disturbed due to their mining activities and restore the land to a condition which is fit for growth of fodder, flora, fauna, etc.”
All State Governments/Union Territories have been asked to ensure compliance of the said additional condition in respect of mining leases. Central Government has issued the directives in view of the direction of the Supreme Court. In an order passed on January 8, 2020, the Supreme Court took cognisance of the ‘deleterious effect’ of mining on vegetation.
The Apex Court observed that the mined out areas resulted in complete elimination of grass which, in turn, denied fodder for the herbivores. The court further observed that restoration of such mined out areas could be achieved by imposing a suitable condition in this regard in addition to existing conditions already imposed in the relevant statutory approvals. The latest directives assume significance given the fact that the environmentalists and activists have been raising concerns over neglect towards proper land reclamation of abandoned mines, despite the norms in this regard. Union Ministry of Environment, Forest, and Climate Change gives clearances for diversion of forest land for non-forestry purposes including mining etc. The clearances are issued under Forest Conservation Act, 1980.
The Supreme Court direction was issued by a Bench headed by Chief Justice of India S A Bobde along with Justice B R Gavai and Justice Surya Kant. The Supreme Court bench observed, “...an area which is mined results in complete elimination of grass which in turn denies fodder to the herbivores. The only solution can be re-grassing of such mined areas. It is not in dispute that re-grassing technology is available in this country.
We see no reason why the area which has been mined should not be restored so that grass and other vegetations including trees can grow in the mining area for the benefits of animals.” The court was of the view that this could be achieved by directing the Union of India to impose a condition in the mining lease and a similar condition in the environmental clearance and the mining plan to the effect that “the mining lease holders shall, after ceasing mining operations, undertake re-grassing the mining area and any other area which may have been disturbed due to their mining activities and restore the land to a condition which is fit for growth of fodder, flora, fauna etc.”
As far as Western Coalfields Limited (WCL), a Coal India Limited subsidiary, is concerned, it has total leasehold area of 101.59 sq kms. As per the Central Mine Planning and Design Institute’s report titled ‘Land Restoration/Reclamation Monitoring of 52 Opencast Coal Mines Projects of CIL producing more than 5 mcm (Coal+OB) based on Satellite Data for the Year 2018’, WCL had excavated 28.29 sq kms of area, and the area under reclamation was 9.47 sq kms. As per the report, WCL’s total area under reclamation had increased from 7.99 sq kms in 2017 to 9.47 sq kms in 2018. Of total 10 projects of WCL covered, maximum area under reclamation was in Sasti open-cast project (74.18 per cent), followed by Umrer open-cast (73.36 per cent), and Mugoli opencast (25.74 per cent).
Though there was mention of plantation, social forestry initiatives, there was no mention of ‘re-grassing’. Now, with the Supreme Court direction and the Central Government’s directives, all the mining lease holders will have to amend their reclamation plans accordingly to incorporate the element of re-grassing.