The Jharkhand government has registered its objections in writing to the Centre on its proposal to amend the existing Coal Bearing Areas (Acquisition and Development) Act, 1957. The Union cabinet chaired by Prime Minister Narendra Modi had in April this year approved the Coal Bearing Area (Acquisition and Development) Amendment Bill, 2023, to facilitate the utilisation of land which are mined out or are practically unsuitable for coal mining and to increase investments and job creation in the coal sector.
Many, including several environmentalists and green activists, are already opposed to the proposed amendments.
In its letter on Monday, the state government stressed that the proposed amendments are not in favour of Jharkhand, its people and the country at large.
“Some of the provisions of the amendments will have a negative effect for states like Jharkhand, which is home to scores of tribals and have rights on forest, water and land (jal, jungle and jameen),” the letter sent to the Centre and issued by the IPRD department to the media said.
Even after 23 years of its formation, mining and infrastructure development-related displacements continue to keep Jharkhand on the edge, the letter written by the state mines and geology department said, stressing that the proposed amendments could lead to problems and are “anti-development” in nature.
The letter further said, “Under Section 8 of the Mines and Minerals (Development and Regulation) Act, 1957, and rule 24 (C) of the Mineral Concession Rules, 1960, the stipulated time period for coal-mining leases to government companies is fixed and defined. The proposed amendment aims to completely remove that timeframe. This is contradictory to the above act and rules. Under the MMDR Act, 1957, and the Mineral Concession Rules, 1960, there is a provision for additional royalty in case of lease period extensions but the new amendment will rob the state government of its royalties.”
The Coal Bearing Area (Acquisition and Development) Act, of 1957, has a provision for land acquisition for government companies only for coal mining and mining allied activities. For other requirements like permanent infrastructure, including offices, a separate provision for land acquisition is enshrined under the LA Act, of 1894, the letter said.
“Under the proposed amendments, the land acquired for government mining companies can be given to private institutions for many basic projects, which will weaken the original act. Making available the land acquired for government companies to private entities for infrastructure projects will encroach upon the constitutional rights of tribals/natives. The proposed amendments in sections 13 and 17 of the original act will also violate the rights conferred on the land owners,” it added.
