SC Issues Notice to Centre, States on Allocation of Coal Blocks in Dense Forest Areas

New Delhi: The Supreme Court has issued notice to the Centre and several state governments on a Public Interest Litigation (PIL) seeking direction against the government allegedly allowing mining in densely forested and ecologically sensitive areas in the country, which are classified as ‘No-Go Zones’.

The petition, filed by Sudiep Srivastava and argued before the court by advocate Prashant Bhushan, also sought deallocation of such coal blocks and framing of guidelines for dealing with Forest Clearance proposals to avoid future clearance in dense-forested and bio-diversity rich areas unless all the other available deposits of the said minerals are exhausted. 

The government has either auctioned or allotted coal blocks situated in densely forested areas of different States despite less-forested coal blocks being available in abundance, the petition said, adding that, only 15% of India’s coal deposit lies beneath the densely forested areas. The remaining 85% of coal deposit in areas that are not densely forested can even fulfil an enhanced demand for coal in the coming 50 to 70 years, it said. Such dense forests are also catchment of major rivers and hence, mining in these areas would affect the water security adversely, the petition argued.

In 2014, the Supreme Court had cancelled nearly all the 218 coal blocks the Central government had allocated between 1993 and 2010. Following this, as many as 99 coal blocks have been allotted or auctioned to various government and private companies between 2015 and 2020 under the Coal Mines Special Provisions Act 2015, the petition said. Out of the 99 coal blocks, 17 were earlier classified as ‘No Go' areas.

However, mining has commenced in only six among the 17 No-Go coal blocks and it has not commenced in 10 such blocks yet as forest and environment clearances are pending. The petition said these 10 blocks could be “de-allocated” and the allottees could be given alternative allocations.

Giving examples from a 2010 GO-NOGO Study of Coal Blocks, the petition argued that the government had access to sufficient information and reports classifying less-forested or non-ecologically sensitive areas as possible mining zones. In spite of this, “the Union is allowing mining in every area where mineral deposits exist,” it said.

The petition argued in detail that the allocation of coal and mineral blocks in No Go zones was in contravention of several mining laws and green laws, including the National Forest Policy 1988, which focuses on “preserving the remaining natural forests.” The Policy has as its principal aim ensuring “environmental stability and maintenance of ecological balance. The derivation of direct economic benefit must be subordinated to this principal aim.”

“The decision to allot Coal and other Mineral Blocks in Dense Forest specially when less forested blocks are available is in direct contravention of the National Forest Policy 1988,” the petition said.

It further said, “The allotment or auction of the Coal Blocks without any Prior Forest Clearance is in contravention of the provisions of the Forest Conservation Act 1980 and Environment Protection Act 1986. Still the Union of India has further announced auction of 41 Coal Blocks for commercial purposes and out of them 13 were classified as NOGO in the earlier study (jointly conducted in 2010 by Ministry of Environment and Ministry of Coal) and 8 were even classified as InViolate by the FSI (Forest Survey of India).”

Besides seeking deallocation of all coal blocks situated in densely forested areas classified as ‘No Go,’ the petitioner asked that “no mineral blocks should be allotted or auctioned without the prior forest and environment clearance.”