Centre asks states to speed up pending mining lease cases

Urgency stems from the fact that leases would lapse if applications aren't processed before Jan 11

The Union mines ministry in a missive to states has stressed on the need for expediting disposal of mining lease (ML) cases saved under Section 10 (A) (2) (c) of the amended Mines & Minerals (Development & Regulation) Act, 2015. The urgency stems from the fact that if such applications are not processed before January 11, they would automatically lapse.

"Considering the urgency of the matter, it is felt that the mining department along with the other concerned departments and organisations where the cases are pending in the state, may be immediately directed to take required steps for grant of leases in these cases within the timeline (January 6, 2017)”, Union Mines Secretary Balvinder Kumar wrote to the chief secretaries of mineral bearing states.

To speed up such cases, the Ministry has held multiple rounds of discussions with the state government, concerned government departments and project proponents. The Mines Ministry has also co-ordinated with the Ministry of Environment, Forest & Climate Change (MoEF&CC), Ministry of Tribal Affairs, Ministry of Law & Justice and the Indian Bureau of Mines (IBM) so that the ML can be granted swiftly in cases where the mining plan has been sanctioned but suffered from pendency of environment clearance, forest clearance and settlement of forest rights.

Regarding cases of pending forest clearance, the MoEF&CC has agreed to grant the clearance under Section 2 (iii) of Forest Conservation Act, 1980 in the eligible cases. However, the Ministry is of the view that mining activity can begin only after obtaining forest clearance for diversion of the forest land.

In cases where environment clearance is pending, the Mines Ministry with the concurrence of the Ministries of Law & Justice and MoEF&CC has agreed to grant ML under Section 24 of MMDR Act, 2015 without making environment clearance mandatory at this stage. The mining leases thus executed have to obtain environment clearance before commencement of mining activity failing which they would be treated as null and void if environment clearance is rejected.

In addition to pending cases of environment clearance and forest clearance, there are certain cases pending for action with the state government mostly with the mines department and a few with the revenue department. Moreover, there are cases pending for disposal with the state forest departments and pollution control boards which need to be expedited before the prescribed timeline lapses.