Non-Implementation Of The Mine Closure Plan In Jharkhand – An Alarming Lapse With Regards To Complete Compliance Of Mine Related Legislations

Another incident occurred on April 22, 2022 in Chanch Victoria colliery area of Bharat Coking Coal in Dhanbad district of Jharkhand. Here, the local people claimed that several persons are feared having trapped in a deserted coal mine after it collapsed due to illegal mining (Several trapped in an abandoned coal mine inJharkhand's Dhanbad district, 2022). 

In February 2022, five people had lost their lives in an ECL abandoned mine collapse at Gopinathpur in Dhanbad during illegal mining and the government had formed a special investigation team to probe the incident (Several trapped in an abandoned coal mine in Jharkhand's Dhanbaddistrict, 2022). 

In a state like Jharkhand which holds 26 per cent of India's coal resources (Chandra Bhushan, 2020) and is the third largest coal producing state in the country, harrowing incidents like these have become frequent. On a road adjoining Ramgarh district of Jharkhand, anyone can spot a long line of villagers in the wee hours pulling their bicycles loaded with stolen coal from abandoned mines. There are hundreds of abandoned coal mines in Jharkhand which has three mega coal companies operating within its territory viz. Bharat Coking Coal Limited (BCCL), Central Coalfields Ltd. (CCL) and Eastern Coalfields Ltd. (ECL). The state has become infamous for being a place where indigent tribal people are engaged by coal mafias to excavate coal from these deserted coal mines illegally and bear its accidental repercussions.

The reason for the above situation is the non-compliance with respect to the implementation of the Mine Closure Plan. The Central Government vide Notification No. GSR 329(E) dated 10.04.2003 and No. GSR 330 (E) dated 10.04.2003 amended the Mineral Concession Rules, 1960 and Minerals Conservation and Development Rules, 1988 respectively. As per these amendments all the existing mining lessees are required to submit the "Progressive Mine Closure Plan" along with prescribed financial sureties within 180 days from the date of notification. Further, the mining lessee is required to submit "Final Mines Closure Plan" one year prior to the proposed closure of the mine. In the notification, it has been enumerated that the "Progressive Closure Plan" and "Final Closure Plan" should be in the format and as per the guidelines issued by the Indian Bureau of Mines (Indian Bureau of Mines, 2022).

A Conceptual Mine Closure Plan submitted at the feasibility stage must include plans for decommissioning and rehabilitation of each component of the mining area with cost estimates. An appropriate funding mechanism is essential to ensure that sufficient funds are available for mine closure activities and that all decommissioning and rehabilitation requirement are complete. The plan must be reviewed periodically throughout a mine life to cater to changes in the overall mining plan, environmental reviews and needs and aspirations of the communities. Consultation with all external stakeholders and their participation are vital for the successful closure of each mine and to ensure social and economic activities are maintained. The primary concerns for decommissioning and rehabilitation are to ensure public safety and health and achievement of environmentally stable conditions which compatible with the surrounding environment and also to minimize environmental impacts caused by mining. The overall objective is to have a social, economical and environmentally sustainable development (Rana, 2012).

Sec 23A of the Mineral Conservation and Development Rules, 1988 states that every mine shall have a mine closure plan which shall be of two types i.e. a progressive mine closure plan and a final mine closure plan. Progressive Mine Closure Plan would indicate various land use activities to be done continuously and sequentially during the entire period of the mining operations, whereas the final mine closure activities would start towards the end of mine life and may continue even after the reserves are exhausted and/or mining is discontinued till the mining area is restored to an acceptable level to create a self-sustained ecosystem. There is rampant violation of the above provision of the Mineral Conservation and Development Rules, 1988 as a result which Jharkhand is witnessing devastating mine accidents in the past couple of years. Table 01 gives one an account of such accidents the impact of the cause behind most of which is the non-implementation of the Mine Closure Plan in the state.

Table 01. Mining Accidents in Jharkhand over the years

Source: http://ismenvis.nic.in/Database/Mining_Accidents_in_India_24483.aspx

The rights of the community which mostly consist of the indigenous population in the vicinity are often at stake whenever the proposition of the implementation of the mine closure plan comes up for discussion. No wonder the risks of unplanned mine closure in such areas is immense. Take for instance, the coal centric economy of Ramgarh district of Jharkhand. Here, coal remains the single largest contributor of the district's GDP with a share of about 21 per cent. Most other economic sectors are underdeveloped. The district which has a poor social and physical infrastructure has 32 percent of its population which are multi-dimensionally poor. A huge proportion of informal workers without safety nets are perceived to be highly dependent on coal (Chandra Bhushan, 2020). In order to tackle such situations, the mining legislation provides certain significant safeguards.

The Mines and Mineral Development Act under Section 32 (4) states that disclosure of progressive mine closure plan of mining to Panchayats is mandatory at the outset of mining and every five year period. It is also mandatory that the agency consults the Panchayat before approving the closure plan. Under Section 32(8), the final Mine Closure Plan is to be approved by the approving agency in consultation with Panchayat with respect to land use planning which has to be in consonance with local community wishes. The Sustainable Development Framework (SDF) under [Section 46(4) (f) & (k)] covers the life cycle of mine and includes consultative process with the stakeholders. Above all, Section 24(1)(n) states that all mines shall deposit a security amount of Rupees One lakh per hectare with the State Government which can be forfeited in case of default of terms and conditions including implementation of progressive and final mine closure plans.

Besides these, meeting of environment clearance conditions are necessary for anyone desirous of obtaining a mining lease. While section 31 of the Mineral Conservation and Development Rules, 1988 states that every holder of a prospecting license or a mining lease shall take all possible precautions for the protection of environment and control of pollution while conducting prospecting, mining, beneficiation and metallurgical operations in the area, Section 34 states that every holder of prospecting license or mining lease shall undertake the phased restoration, reclamation and rehabilitation of lands affected by prospecting or mining operations and shall complete this work before the conclusion of such operations and the abandonment of prospect or mine.

Decisions in several landmark cases of the Apex Court and the state High Courts are touchstones of the above mentioned aspects pertaining to environment when it comes to their implementation as per the Mine Closure Plan. In Hajarumma vs M/S. High Grip Granites, WP(C).No.19791 OF 2019(Y), the Kerala High Court stated "The clearance issued will also be subject to full and effective implementation of all the undertakings given in the application form, mitigation measures as assured in the Environment Management Plan and the mining features including progressive mine closure plan as submitted with the application and relied on for grant of this clearance". In M.C.Mehta vs Union Of India & Ors , 2004, the Supreme Court stated that since mining operation is hazardous in nature and impairs ecology and people's right of natural resources, therefore, a proper mine closure plan is essential to preserve environment.

Although those entering abandoned mines know that it is illegal, locals with elementary safety equipments venture into it in the hope of finding coal to suffice their needs. This often leads to accidents which mostly turn out to be fatal. Nothing but strict implementation of the mine closure plan which stands ignored till date in Jharkhand can be the only way out.

The author is an Assistant Professor at the Institute of Legal Studies at Ranchi University. Views are personal

References:

Chandra Bhushan, S. B. (2020). Just Transition in India. Delhi: Sustainability Innovation and Advisories Private Limited.

Indian Bureau of Mines. (2022, July 01). Retrieved July 02, 2022, from ibm.gov.in: www.ibm.gov.in

Jharkhand:Trapped miners dig their way out after 60 hours. (2021, November 30). The Hindu . Patna, India: The Hundu.

Rana, V. (2012, January 11). Guidelines for Preparation of Mine Closure Plan - Reg. Government of India, Ministry of Coal . Delhi, India: Govt. of india.

Several trapped in an abandoned coal mine in Jharkhand's Dhanbad district. (2022, April 22). Business Standard . Dhanbad, India: Press Trust of India.