Lack of clarity in order leads to objections over Mining Plans
G&M doesn’t have funds to pay fee to Environment Deptt
Mohinder Verma
JAMMU, Aug 29: In a testimony of dilly-dallying approach towards financially empowering the grassroot democratic institutions, the timeline of the Government notification regarding granting of mining blocks to the Panchayats is all set to be over but even the basic formalities in this regard have not been completed.
This is mainly because no serious attention was paid by the Industries and Commerce Department towards the guidelines of the Union Ministry of Environment and Forest which led to objections on the Mining Plans by the Apex Committee of the Environment Department of the J&K Government.
The decision about devolution of mining rights to the Panchayati Raj Institutions (PRIs) through short term permits was taken by the Government of Jammu and Kashmir Union Territory in the month of July last year in order to financially empower these grassroot level democratic institutions in the rural areas.
Accordingly, the Industries and Commerce Department on August 18, 2020 issued a notification conferring mining rights to the Panchayats in exercise of the powers conferred by Section 15 read with Section 23C of the Mines and Minerals (Development and Regulation) Act, 1957.
By way of this notification, the Government carried out amendments in the J&K Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016. In the notification, it was mentioned that short term permit up to one hectare will be granted to the Panchayati Raj Institutions for the mining activities.
Moreover, in order to facilitate the Panchayati Raj Institutions the Government exempted requirement of payment of advance royalty by these grass root level democratic institutions and Geology and Mining Department was directed to apply and secure clearances like Mining Plans, Environmental Clearance and Consent to Operate from the competent authorities on behalf of the Panchayats.
“This provision will be applicable till September 30, 2021 or till such period as may be notified by the Government”, read the notification issued on August 18, 2020.
Though the timeline mentioned in the Government notification is all set to be over yet the Panchayats have not formally received the mining blocks as a result of which the Government decision of financially empowering the Panchayats has remained on papers only, official sources told EXCELSIOR, adding “despite being aware of this the Government has not issued any fresh notification regarding extension of timeline for applicability of the decision”.
Strictly as per the Government notification, the Geology and Mining Department had identified 100 minor mineral blocks (five in each district) and accordingly prepared Mining Plans in respect of several blocks. Thereafter, the Mining Plans were submitted to the Apex Committee of the Environment Department of J&K for approval.
However, the Environment Department raised objections over the Mining Plans and conveyed to the Geology and Mining Department that entire exercise has to be carried out by engaging Environment Consultants as per the guidelines of the Union Ministry of Environment and Forest, sources said, adding “moreover, the Environment Department has conveyed that Rs 20,000 fee per block has to be provided by the Geology and Mining Department”.
Now, the Geology and Mining Department has approached the Government seeking permission for floating of Expression of Interest to engage Environment Consultants and release of funds as Rs 20 lakh has to be provided as fee to the Environment Department in respect of all the 100 blocks, they informed, adding “had there been clarity about guidelines of Union Ministry of Environment and Forests to be followed while preparing and submitting Mining Plans the delay could have been easily avoided”.
“As only 30 days are left for the applicability of the Government notification dated August 18, 2020 and detailed exercise is yet to be conducted there is strong resentment among the representatives of the Panchayati Raj Institutions (PRIs), who alleged that Government is only making announcements regarding financially empowering the Panchayats and doing nothing on ground to translate the same into reality in a time bound manner”.
Moreover, the Government has not issued fresh notification till date in order to extend the time frame for the applicability of the decision regarding grant of mining blocks to Panchayats.
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