VIJAY DEO JHA
Ranchi, July 13: The Jharkhand State Mineral Development Corporation (JSMDC) has started the process of the selection of mine developers and operators (MDOs) for sand ghats across Jharkhand against the directive of National Green Tribunal (NGT).
Moreover, the JSMDC which is a company owned by the state government, has asked deputy commissioners of all the districts to expedite the second phase of the process of the selection of MDOs for all such sand ghats defined under category B.
This goes against the ruling passed by the NGT (Eastern Zone) on May 13 in the petition 54/2022/EZ filed by Bhumi Adhigrahan Visthapan Avam Punarvas Kisan Samiti.
The petitioner accused the JSMDC of promoting cartelization of sand mining by empanelling some selected companies. The petitioner raised an objection over the Expression of Interest published by the JSMDC on September 30, last year.
Further, the petitioner said that the JSMDC has made it mandatory for MDOs to ensure environmental and other necessary clearance from the concerned department and agencies which is a violation of the law. Notably, the hearing of this case is scheduled on July 14.
The NGT thus passed the order that “till the counter-affidavit is filed by the State Respondents, no sand mining leases shall be awarded in pursuance of the impugned Notice Inviting Expression of Interest dated 30.09.2021.”
But going against the NGT directive, the General Manager (Mining) JSMDC Uttam Kumar Biswas issued a letter on July 5 asking the DCs to complete the second phase of selection of the MDOs.
However, a senior official of the JSMDC justified the entire action. “The JSMDC as the respondent has filed the counter reply and it should be treated as the reply of the department as well. Since the JSMDC is facing a manpower crunch hence we requested the DCs to complete the second phase of the selection process,” said the official who did not want to be named.
Advocate Rajeev Ranjan Tiwari who appears for the petitioner said that action of the JSMDC raises doubt. “The mining department has not filed a counter reply so far. Then how come the JSMDC starts the selection process? The JSMDC is among the respondents. It is just a company of the government and the lessee as well. How can a company replace or claim to represent the government? The NGT has raised an objection over Expression of Interest (EI) and the JSMDC has asked the DCs to start the second phase of the selection on the basis of that EI,” said the lawyer.
Rajeev Ranjan Tiwari also questioned the JSMDC asking the DCs to select MDOs. “How come JSMDC executes the first part of selection of MDOs and asks the district administration to conduct the remaining part of the selection? The JSMDC is only a company so how can it ask or direct the district administration to select MDOs out of the panel of companies shortlisted by the JSMDC? Who will be held liable if any omission and commission is done at the DC level? Is the district administration a part of the JSMDC? The manpower crunch is a poor excuse,” he said.
The state government has vested the JSMDC with the right to manage and auction sand ghats except those managed by panchayats. The position of JSMDC vis a vis the state government is just a lessee which in turn hires MDOs for sand mining which are private players.
As per the law, before mining this is the responsibility of the lessee to secure NOCs from the concerned department. In the case of the sand mining, it is for the JSMDC to secure necessary clearance. Here, the JSMDC asks private parties to get necessary clearance.
