The process initiated by the Mandla district administration to lease out lands surrounding villages on the periphery of Kanha National Park for dolomite (minor mineral) mining has angered the villagers and activists.
It is being pointed out that the amendments made in the minor minerals mining rules by the state government in January this year might lead to arbitrary leasing out of forest and community use lands in villages across the state, hampering the community use (Nistar) rights of the people and also threatening the biodiversity and wildlife as in the case of lands that are on periphery of Kanha National Park.
Through the amendments, the state government has made provisions for the district collectors to decide upon objections of the village panchayats/gram sabhas (in Schedule V notified areas) to the leasing out of lands for minor minerals mining ‘on the basis of merit’. Also, the rules now say that if the objections/opinions of the village bodies are not received within 15 days of the notice of the district administration (regarding leasing process), it will be deemed that these bodies have no objections to the notices.
In case of Mandla, Gram Sabha (village level statutory body) of at least one of the villages—Bhanwartal—in Bicchia tehsil of the district has raised serious objections to the process, initiated on January 30.
Activist and senior lawyer Vibhuti Jha, who is now a resident of the village Bhanwartal, told THE WEEK that though his village has raised objections, there is all probability that not many of the other impacted villages have any idea about the mining process being initiated and, therefore, there is no question of them raising objections within the specified 15 days.
“This will mean that their failure to object can be deemed as their no-objection and the leasing process can go ahead. Also, the provision for power to the district collector to decide upon the objections (of villages’ bodies) ‘on the basis of merit’ can be dangerous,” he said.
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As for Bhanwartal, the district administration has sent out notice seeking the opinion of the Gram Sabha for initiating leasing process (through e-tender) of just over 686 hectares (around 1,700 acre) lands.
In its opinion/objections forwarded to the district administration, the Bhanwartal Gram Sabha has said that the “Bhanwartal is entirely a tribal village falling under the Fifth Schedule of the Constitution. Inhabited area of the village is surrounded on all sides by reserve forest and protected areas. Almost the entire vacant revenue land surrounding the inhabited area of the village has already been acquired and given on lease for dolomite mining. Moreover, nearly the entire landholdings of non-tribal landowners have also already been given on lease for mining.”
The Gram Sabha further said that the entire revenue lands and forest lands mentioned in the (district administration) notice are the ones that remain available to the villagers for Nistar (use of natural resources). As for forest lands, several other surrounding villages also depend upon these lands for their grazing and firewood Nistar rights. In such a situation, if permission is given for mining, no revenue or forest land will remain available to the villagers.
“Also, village Bhanwartal is adjacent to the Karwahi Forest Area that forms the buffer zone of Kanha National Park. Hence wild animals like Tiger, Leopard, Bear reside in the forest area (mentioned in the notice) and in winters Bison herds also reside here. In this situation, if mining lease is granted in this area then it will become uninhabitable not only for the local population and cattle but also for the wildlife. In view of all this, the Gram Sabha records its vehement objection to the proposal for granting of mining lease on the forest areas in question,” the Gram Sabha letter adds.
Jha said that the villagers are ready to take the legal option if the administration goes ahead with the leasing process.
The district collector Harshika Singh, while talking to THE WEEK, however, said that currently, the process of identifying lands that hold minor minerals and then sending notices to the Gram Sabhas/village panchayats for their opinions/objections is in process. “Since in our district lands holding minor minerals were already identified, we have started the process of collecting opinions/objections of the village bodies, which is still continuing. These opinions/objections will then duly be forwarded to the state mining department,” Singh said.
She added that the final decision for dolomite mining lease as in case of Bhanwartal is to be taken at the state level and the objections of the villages will be duly considered. As for the power of collectors to take decisions ‘on the basis of merit’, she said that the minor minerals are also differentiated into categories and a collector has power up to a certain level like that for stone crushers but not for minor minerals like dolomite.
