The Supreme Court on Wednesday considered passing directions to freeze the e-auction of mining blocks located within 50 km radius of ecologically fragile zones in Jharkhand to ensure that forests are not destroyed.
“We do not want the development of the country to stop, but we do not also want the destruction of the natural wealth,” Chief Justice Sharad A. Bobde addressed Attorney-General K.K. Venugopal.
The court highlighted the devastation of forests, cutting of trees and the displacement of tribal populations which mining brings in.
The Bench suggested to Mr. Venugopal to hold the e-auction till an expert committee takes a survey of the environmental impact and files report in one month. Chief Justice Bobde suggested listing the case after a month.
“What about mining in other parts of the country?” Mr. Venugopal asked.
The Chief Justice said the court is not averse to pass a similar direction in other States “if facts are brought to us”, but the CJI asked the A-G to not “jump the gun”.
“We just want to satisfy our conscience about the environment. We are only asking you to hold the auction for any proposed mining blocks within 50 km till the committee gives a report. We are not for or against you [Centre] or Jharkhand... We only want to ensure that forests are not destroyed,” the Chief Justice told Mr. Venugopal.
But Mr. Venugopal said mining sites were at a distance of 20 km to 70 km from such eco-sensitive zones. He said parameters being considered by the court make mining in States like Goa well nigh impossible.
“The whole issue of looking at forests is wrong. The problem is that you put economic value on timber but you do not put any economic value on forest. Don’t you think that the distance of 22 km of a mine from the eco-sensitive zone is dangerously close?” the CJI asked the top law officer.
The remarks were made by the top court while hearing the Jharkhand government’s pleas against a decision of the Centre to auction coal blocks for commercial mining. Referring to the Fifth Schedule of the Constitution, dealing with the administration and control of the Scheduled Areas and Scheduled Tribes, the State has said six of the nine coal blocks in Jharkhand — Chakla, Chitarpur, North Dhadu, Rajhara North, Seregarha and Urma Paharitola — put up for auction fall within the protected areas.
Jharkhand has sought the postponement of e-auction of coal blocks for commercial mining till its suit under Article 131 is decided by the court.
The Bench has listed the case for further hearing on November 6.
