Thread by @barandbench

CJI SA Bobde led bench to hear #Jharkhand government's plea challenging the process of commercial mining stating that there is a need for fair assessment of the social and environmental impact of commercial mining "on the huge ‘tribal population’

#SupremeCourt

Senior Adv Fali Nariman: Learned AG Venugopal has submitted an affidavit on October 9. It says suit is misconceived and liable to be dismissed. We need to see is the suit maintainable and is Jharkhand entitled to relief? Under Article 13q it needs to be decided expeditiously

CJI: So none of you want to lead evidence or cross examine the dependents?

Nariman: No

CJI: The matter may be listed for framing of issues. Last hearing it was pointed out that Jharkhand had a divided stand on whether it is forest land or eco sensitive zone

Nariman: That was the first issue second was does it fall under the fifth schedule. This area comes under the Chhota Nagpur tenancy act which says it cannot be transferred to any one but a tribal else its null and void

CJI: but lease of mines is under a separate parliamentary statue. Just in case there is a dispute on eco sensitive zone which we need to see whether it will destroy the eco sensitive zone. In the meanwhile get a committee to tell us if the area is fit for mining.

CJI: will you give us some names or should we ask Senior Adv ADN Rao who knows people from this field?

Nariman suggests the name of MK Jibrajka. CJI accepts. The second one can be Ajay Desai... we are not passing orders just taking names

AG Venugopal reads a report stating that all the sites are at a distance of 20 to 25 kms from the eco sensitive zone.

AG Venugopal thereafter points out that prayer in the suit filed by Jharkhand government on June 17 has "nothing on environment" and only sought to stop the commercial coal mining process.

CJI: the whole issue of looking at forest is wrong. We don't want to stop the development of the country but will not lead to erosion of the natural resources. You attach economic value to timber but not the forest. The distance of 70, 79 or 20 kms is dangerously close. Isn't it

CJI: Are you saying people can just come inside and cut down trees?

AG: No cutting of trees

CJI: Mining without cutting of trees, how is it possible.

AG: We have to get a clearance certificate. It has to satisfy every law1

Senior Adv Abhishek Manu Sighvi: our affidavit shows elephant corridor and all animal corridors are within 20 kms in all the seven cases where commercial coal mining will be carried out. Distance from Economic sensitive zone of elephant corridor is within 19 kms

@DrAMSinghvi

Singhvi: if the commercial mining is allowed then how will the court make it irreversible? The core area and buffer area is both important.

CJI: Dr Singhvi when we look at environmental factor, it will also curtail your power under the Chhota Nagpur Act. The CM looks very enthusiastic from the letter about mining

CJI to AG: we want to satisfy our conscience on the environment. Make everything available to the committee from state and centre and let the committee take a call within a month. You either don't take a decision for a month or we stay it.

AG: But after this bidding will be impacted across the country. Some other states will say that their land is closer to forests etc

SC: If such facts are brought to our notice then we will stop that too. Don't jump the gun

AG Venugopal: The Chief Minister wanted the highest revenue from the bid. This is evident from the state. Let the bidding take place but no work will be done.

SC: We are thinking of passing orders that no mining will take place within 50 kms from the sensitive zones

AG: Centres attempt to have industrialization, jobs and development will be impacted by such an order.

SC: We are not sure of the intentions of the Jharkhand government. But we need to see forests are not destroyed in the meanwhile

AG: give me one day time. Rather than long drawn processes of committee let us present some material before the court.

Adv Colin Gonsalves: we have satellite images to show that mining will take place amidst dense forest and nine major lakes.

Adv Prashant Bhushan states that he has filed a plea to stop mining in all eco sensitive zones across the country.

SC asks Adv Bhushan and Gonsalves to wait.

Matter to be heard on Friday for AG Venugopal to submit material to state how animal corridors are not being disturbed.

#SupremeCourt

Commercial Coal Mining: "Any violation in eco-sensitive zone will be stopped", Supreme Court allows the Attorney General to prove why auction need not be stayed

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