The Petitioners against the Careamol Mine, Goa

The second week of May, 2010 will be an important week in the history of India’s only environmental court: the National Environment Appellate Authority (NEAA), which has the dubious record of maximum dismissal of appeals, stayed the approval granted to two mining projects in the State of Goa and stayed the approval granted to a coal mining project in the state of Chattisgarh. The Two mines of Goa On 10-05-2010, The NEAA stayed the Environmental Clearance granted to the mine of Ms Sesa Goa ( a Vedanta owned company) located at Village Pirna and Nadora in Bardez Taluk, North Goa. The project was granted environmental clearance by the Ministry of Environment and Forest on 09-06.2009 and was challenged before the National Environment Appellate Authority, New Delhi by a local group called Pirna Naroda Nagrik Kruti Samiti. The main ground for challenge was that at the Public hearing held for the project, there was 100 % opposition on behalf of the local people to the mining project. Yet the Expert Appraisal Committee decided to overlook the opposition and in a mechanical fashion recommended for grant of environmental clearance. The minutes of the EAC meeting did not reveal that the EAC even bothered to look at the minutes of the Public Hearing. Further, the EAC at the time was headed by one M.L Majumdar who himself was on the board of four mining companies and therefore the decision was biased as held by the Delhi High Court in the case of Uttakarsh Mandal Vs Ministry of Environment and Forests

SESA Goa however took the stand that 53 people supported the project. The NEAA however did not accept this contention since none of the 53 persons supporting the project were present at the Public Hearing. The NEAA in its order directed that the Ministry of Environment and Forest should constitute a sub committee of the EAC to visit the area and examine the reasons for the opposition to the mining and reexamine its impact on agriculture, horticulture, school children, health, habitation, river and ground water etc and also in the light of the fact that the Ministry of Environment and Forest has imposed a moratorium on mining in Goa. The NEAA further directed that the Committee should have three environmental experts and one mining expert and advance intimation be given to the persons of the area who opposed the project.

The NEAA directed that the Environmental Clearance granted should be held in abeyance until further orders. [For copy of the order see http://www.ercindia.org/node/224] Also see http://moef.nic.in/downloads/public-information/pirna-letter... On 13-5-2010, the NEAA stayed the Environmental Clearance granted to Careamol Iron Ore Ltd at Village Pirla, Quapem Taluk, South Goa. The mining project was granted environmental clearance on 18-9-2007 by the Ministry of Environment and Forest. The main issue raised was the wrong declaration made in the EIA document: i.e the river Kushawati is at a distance of 2.6 km whereas actually it is at a distance of only 50 Mts. The EIA document was made available only in English and the Public Hearing venue was nearly 40 kms away from the project site. There is also an archeological monument within a distance of 500 mts which was never disclosed to the NEAA. There was The NEAA also stated that a site visit will be conducted on the 15th and 16th of July to ascertain the distance from the river as well as meet the affected people. Further, since the project is located within 10 km of a wildlife sanctuary : Cotigaon and Netravali, the, Ministry of Environment and Forest was directed to place the project before the Standing Committee of the National Board for Wildlife for consideration. Coal Mining in Chhattisgarh The coal mining project of Jindal’s was challenged by local tribals and farmers under the banner of Jan Chetna before the NEAA. The public hearing was disrupted due to violence and police atrocity against the tribals. The NEAA on 12th May directed that status quo be maintained till the disposal of the appeal.
It remains to be seen as to what is the final outcome of the cases as the war is still not over, but the first round of the battle surely has been in favour of the local people for a change.