No new mining reserves required in Hasdeo, Chhattisgarh tells SC

The Chhattisgarh government submitted an affidavit in the Supreme Court

Raipur/New Delhi: The Chhattisgarh government submitted an affidavit in Supreme Court stating that there is no need to allocate or use any new mining reserve areas for mining in Hasdeo Aranya and the ongoing Parsa East and Kente Basan (PEKB) mine contains a coal deposit of 350 million tonnes, adequate to meet the entire coal demand for the linked power plants of 4340 MW for nearly 20 years.

The Chhattisgarh government tells the Supreme Court that there is no need to allocate new mining reserve areas in Hasdeo Aranya. (ANI)

The affidavit was submitted on July 16 by Sunil Kumar Mishra, additional principal chief conservation of forest (APCCF), one of the respondents in the petition filed by Sudeip Shrivastava in the Supreme Court.

The affidavit is the latest twist in a case that involves the state, the tribal population of the region (who have filed the case challenging the allocation), the Union government, and the state of Rajasthan.

The central government allocated PEKB coal block to Rajasthan Rajya Vidyut Utpadan Nigam Limited (RVUNL) for second phase mining after the first phase was completed in March 2022. The first phase of mining was on 762 hectares of land allotted to RVUNL in 2007. In turn, the Rajasthan state owned company contracted Adani Enterprises to operate the block.

But Chhattisgarh then reversed the decision in the face of protests from residents.

“That, it is pertinent to bring on record that on the 26th of July 2022, the Chhattisgarh assembly passed a unanimous resolution, by which the House resolved for the cancellation of the coal blocks in the Hasdeo Arand Area of Chhattisgarh. The entire assembly was in favour of keeping Hasdeo Aranya in its pristine form, and thus, the Chhattisgarh government requested the Central Government to de-allocate the coal blocks in the Hasdeo Aranya area,” the affidavit stated.

While the Union government allocates the blocks, the clearance of forest land for mining requires the final go-ahead from the state.

The affidavit further stated that mining activities in all other areas and coal blocks of Hasdeo Aranya area should also not be permitted for mining, taking into consideration the area, biodiversity richness and hydrological importance.

The affidavit claimed that Hasdeo Aranya sees severe human-elephant conflict and considering the recommendation of the Wildlife Institute of India (WII) in the matter at hand, allowing mining in more coal blocks within this eco- fragile zone would not be in the best interest of the State.

In October 2021, the Indian Council of Forestry Research and Education and WII submitted a study report to the Chhattisgarh government which stated that the Hasdeo Arand forest is one of the largest contiguous stretches of dense forest in central India, spanning 170,000 hectares. The forest is also the catchment of the Hasdeo River, the Mahanadi’s largest tributary, and is therefore, critical for perennial river flow. It is also the watershed for the Hasdeo Bango reservoir, which is critical for the irrigation of 300,000 hectares of double-cropped land in Chhattisgarh.

Through camera traps and sign surveys, the WII report recorded the presence of over 25 species of mammals in the study area – including nine species listed under Schedule I of the Wild Life (Protection) Act, 1972, and thereby accorded the highest protection under Indian law.The WII report also claimed that the surrounding landscape is an integral part of the elephant range in northern Chhattisgarh, with a “conservative minimal estimate” of 40 to 50 elephants using the area at different times of the year. The report recommends that ‘mining operations may only be permitted in the already operational PEKB mine of the block’, and that other areas in HACF and landscape surrounding it should be declared ‘no-go area’ and no mining should be carried out considering the irreplaceable, rich biodiversity and socio-cultural values.

Further, Chhattisgarh possesses approximately 70,000 Million metric tonnes of coal, the affidavit said, whereas Hasdeo Aranya accounts for only around 8% of that total coal reserve.

“The ongoing PEKB mine still contains a coal deposit of 350 million tonnes that is yet to be mined. This deposit is sufficient to meet the entire coal demand for the linked power plants of 4340 MW for nearly 20 years. Therefore, there is no necessity to allocate and use any new mining reserve areas for mining,” the affidavit added.

The affidavit revealed that the department of forest and climate change, Chhattisgarh had also requested the Centre vide letter dated 31 October 2022 to withdraw the forest clearance granted to Parsa open coal block.

Since April 21, when the Chhattisgarh government gave its final nod to the five million tonnes per annum capacity Parsa coal mine, there has been an unofficial stay on mining because the village residents of Hariharpur, Salhi and Fatehpur in Hasdeo say they never consented to the diversion of 841 ha of forest land for it — an essential step in the process before mining permissions in forest land can be granted.

HT reported in an explainer on June 30 that HT has seen letters sent by the gram sabhas to former Chhattisgarh Governor Anusiya Uikey and the Chhattisgarh government seeking an inquiry into how the Union environment ministry’s forest advisory committee granted a final forest clearance to the mine on October 21, 2021 based on what they’re calling a “farzi” (fake) Gram Sabha.

The unannounced stay in mining had raised concerns in Rajasthan where 50% of power generation for the state depends on coal from captive mines in Chhattisgarh and the rest is sourced mostly from Coal India mines according to officials who did not wish to be named.

“It’s interesting that in spite of being a large solar power generator, most of the generation is utilised in other states while Rajasthan continues to depend on thermal power. Efforts are being made to address the concerns of local communities in Parsa,”one of the officials added.

“Smooth operation of PEKB coal mine is the utmost critical requirement for Rajasthan. Around 4340 MW power stations are dependent upon coal from the captive coal mine. Sustained power generation from these Power plants is critical for the State of Rajasthan,” said RK Sharma, Chairman and managing director at RRUVNL in the HT explainer published on June 30.

HT had reported on March 5, 2021 that forest clearance for phase 1 of the PEKB coal block involving diversion of 762 ha was granted in March 2012 for 15 years over a forest area of 762 hectares considering an annual capacity of 10 million tonnes per annum (MTPA). But in less than nine years, the mine had nearly exhausted its reserves. The mine sought an additional forest land of 269.845 hectares during phase 1 of the project which the Union ministry granted.

Hasdeo Arand is one of the largest contiguous stretches of very dense forest in central India spanning 170,000 hectares and has 23 coal blocks. In 2009, the environment ministry categorised Hasdeo Arand to be a “No-Go” zone for mining because of its rich forest cover but opened it again to mining because the policy was not finalised.

In 2021, a biodiversity impact study conducted by Indian Council of Forestry Research and Education in consultation with Wildlife Institute of India, in Hasdeo Arand Coalfield, had recommended that 14 of the 23 coalfields should not be allowed for mining to preserve the forest habitat and wildlife there, including elephants.(With inputs from New Delhi)