Meghalaya High Court confronts ongoing illicit rat-hole coal mining: Committee's alarming report sparks legal and environmental concerns
Recently, the Meghalaya High Court has officially acknowledged the impactful 18th report of a committee and has slated a hearing for November 30 to determine future courses of action. This committee, led by retired Justice Brojendra Katakey and appointed by the High Court, has uncovered ongoing illicit rat-hole coal mining and its unlawful transportation in Meghalaya.
The mining technique involves small tunnels, typically 3-4 feet in diameter, where individuals, particularly children, extract coal. The National Green Tribunal had previously banned rat-hole mining in 2014, citing the potential for human fatalities due to unscientific mining practices.
Despite the NGT ban, the Meghalaya government has contested it in the Supreme Court, asserting that the thin coal seam in the hills necessitates this method as large machines are impractical. Justice Katakey personally visited East Jaintia and West Khasi districts on November 7, and the committee's findings revealed illegal coal mining, transportation, and the establishment of a weighbridge.
In the East Jaintia district, freshly mined coal was discovered dumped near Don Bosco College along the national highway, alongside a weighbridge. The committee's report highlighted that this quantity of coal was neither documented in previous inventories nor part of seized coal, indicating widespread illegal mining. Additionally, the committee noted the disappearance of 18 Lakh Metric Tonnes (LMT) of coal from the total seized 32 LMT, as per government records.
A senior official involved in the matter commented, "No government officials are willing to provide a logical explanation about the missing coals." The Katakey committee was formed on April 19, 2022, by the High Court in response to a Suo Motu public interest litigation petition. Its purpose is to oversee the court's directives to prohibit mining and propose measures.
In addition to a preliminary report on rat-hole mining, the committee has submitted 17 interim reports. "The Katakey committee report is alarming, revealing the persistent issue of illegal rat-hole mining," stated Agnes Kharshiing, a Right to Information activist based in Meghalaya.
The continuous rat-hole mining is not only a legal concern but also poses environmental threats. The process results in water acidity in local rivulets, with high concentrations of sulfate, iron, toxic heavy metals, etc. Furthermore, the heavy transportation vehicles and roadside dumping of coal contribute to air, water, and soil pollution.
Despite a Supreme Court order to enforce Meghalaya Minerals rules against illegal mining, storage, and transportation, rat-hole mining remains unchecked. Recently, the High Court directed the deployment of the Central Industrial Security Force (CISF) to halt rat-hole mining, a decision that faced objection from the central government in the Supreme Court earlier this year. (The New Indian Express)
Supreme Court temporarily halts NGT's Rs 12,000 Crore compensation order for Maharashtra's waste treatment
The Supreme Court has put a hold on the National Green Tribunal's directive for Maharashtra to pay Rs 12,000 crore in compensation for inadequate treatment of liquid and legacy waste. In response to the state government's appeal, a three-judge bench led by Chief Justice of India D Y Chandrachud issued a notice and ordered that, for the time being, the NGT's instruction for Maharashtra to deposit the specified amount as compensation will be suspended.
The NGT has been overseeing matters related to solid and liquid waste management based on Supreme Court orders dated September 2, 2014, in the case of Almitra H. Patel vs. Union of India & Ors, and an order dated February 22, 2017, in Paryavaran Suraksha vs. Union of India.
Regarding Maharashtra, the NGT principal bench observed instances of significant neglect and ongoing environmental damage due to insufficient measures for waste treatment. The bench emphasized that the Tribunal has been addressing these issues for an extended period, urging the state to recognize its legal and civic responsibilities and take proactive measures for ongoing monitoring.
The bench had initially determined the compensation amount at Rs 12,000 crore and directed Maharashtra to deposit this sum into a separate ring-fenced account within two months. The funds were to be managed according to the Chief Secretary's instructions and utilized for restoration efforts. However, with the Supreme Court's recent stay, this directive is temporarily suspended. (The Indian Express)
NGT initiates suo motu case over elevated heavy metal levels in Bengaluru vegetables
The National Green Tribunal (NGT) has taken proactive measures in response to reports of heavy metals surpassing safety limits in vegetables sold in Bengaluru. The state government is actively addressing the issue by engaging various departments with vested interests.
An article published by DH on October 25 highlighted findings from the Environment Management and Policy Research Institute (EMPRI), revealing elevated levels of cadmium, nickel, chromium, lead, and other heavy metals beyond permissible limits in vegetables, including those from organic stores.
The NGT's southern zone is scheduled to conduct a hearing on the matter, and EMPRI has emphasized the need for a more extensive sample size covering all seasons. EMPRI stated, "While our project involved a preliminary study indicating heavy metal presence in selected vegetable samples through one-time sampling in a single season, we believe that a larger sample size, encompassing all seasons with control samples, would be statistically significant and enhance the reliability of heavy metal concentrations." The report will undergo scrutiny by subject experts.
The Food Safety and Standards Authority of India (FSSAI) has initiated a statewide survey, following general guidelines from the Ministry of Health and Family Welfare. Commissioner of Food Safety Nagaraja N M stated, "We took suo motu action upon receiving the media report. Currently, testing is underway with 199 legal samples collected. The project is not limited to Bengaluru; we aim to extend it to the entire state of Karnataka."
Government sources revealed that the chief secretary convened a meeting, bringing together officials from agriculture, horticulture, environment departments, and FSSAI to address vegetable contamination. "The chief secretary instructed departments to collaborate and implement corrective measures. The Karnataka State Pollution Control Board (KSPCB) is tasked with investigating water contamination affecting farmers. The Environment Department is planning a meeting, and the government advocates a comprehensive approach to tackle the issue in light of health concerns." (The Deccan Herald)
Why 33,000 instances of farm fires despite directives? Punjab Government questioned by Green Tribunal
The National Green Tribunal (NGT) has expressed dissatisfaction with the Punjab government's efforts in addressing pollution and the increasing cases of stubble burning. The NGT criticized the state government for its failure to adhere to the Supreme Court's order for an immediate ban on stubble burning.
Labeling it a "total failure of administration," the NGT remarked, "Around 600 incidents of stubble burning were reported when the matter was initially addressed, and now it's 33,000, despite ongoing consideration by the NGT and the Supreme Court. And you are claiming to be making efforts. It is a total failure of your administration. The entire administration is at work, and still, you have failed."
Furthermore, the NGT accused the Punjab government of "selective treatment in prosecuting violators," noting that an FIR was filed against only 829 individuals for burning crops on a single day out of 1,500. The NGT questioned the Punjab counsel, saying, "That's almost one-fourth of a one-day incident. Why is the same action not being taken against everyone?"
The NGT expressed concern that the state may not comprehend the gravity of the problem, stating, "Your slogan appears to be 'please continue to suffocate.' Perhaps your state doesn't understand the seriousness of the problem. A major contribution is from your state."
The burning of paddy straw in Punjab and Haryana has been identified as a significant factor contributing to the alarming increase in air pollution levels in the national capital during October and November. Despite the Supreme Court's directive on November 7 to Punjab, Haryana, Uttar Pradesh, and Rajasthan to halt crop residue burning immediately, pollution levels have remained a cause for concern, with air quality indices in 'very poor' and 'poor' categories in many parts of Haryana and Punjab." (India Today)
India's renewable energy revolution: A blueprint for global success in private sector investments
India has emerged as a global leader in renewable energy (RE), currently ranking as the world's fifth-largest country in terms of installed solar capacity, boasting 71,000 MW installations as of July 31, 2023. This growth is particularly noteworthy, considering India's solar capacity has surged over 23 times in the past nine years, skyrocketing from 3,000 MW in 2014 to its current status. The sector has attracted substantial investments, reaching a staggering $60 billion over the last seven years.
The G20 Energy Transition Ministers Meeting in Goa in July outlined five key pillars for Energy Transition: 'Sustainable,' 'Affordable,' 'Reliable,' 'Resilient,' and 'Cleaner.' The meeting emphasized the need for accessible and affordable capital, advocating for innovative financial instruments to expedite the global energy transition. Private sector investments, pivotal in shaping national energy trajectories, have played a central role in India's success story.
India's renewable energy policy blueprint reveals five key elements that have attracted both international and domestic investors. Firstly, the government's commitment to setting and revising ambitious targets, such as the initial 20 GW by 2022, later revised to 100 GW in 2014, has provided a clear trajectory. Despite pandemic challenges, India achieved 63 GW installations and is on track to surpass 100 GW by mid-2024, aligning with the target of 500 GW by 2030.
Secondly, a comprehensive framework and regulations have played a crucial role in the sector's growth. The government's declaration of solar energy as 'must run' and the establishment of standard bidding guidelines have streamlined processes for wind and solar projects, instilling confidence in investors. India's robust regulatory framework at both central and state levels has adapted to the dynamic renewable energy sector, reinforcing investor trust during challenging times.
The third element is India's focus on creating dedicated infrastructure, essential for the success of the energy transition. The nation's commitment to building the Green Energy Corridor—a transmission infrastructure to evacuate renewables—has significantly contributed to attracting investments. With over 12,700 circuit kilometers already in place and another 10,750 in the pipeline, India can accommodate around 20 GW of renewable generation.
Innovation, the fourth element, is a hallmark of India's approach to renewable energy. The country has pioneered frugal innovations across various applications, from solar-powered agricultural equipment to innovative bidding strategies like round-the-clock and peak power tenders. These innovations have reshaped perceptions of renewable power, with India now showcasing gigawatt-scale projects.
Lastly, India's incentive schemes, including the Production Linked Incentives (PLI) for domestic manufacturing, have further attracted investors. The PLI, with a total outlay of approximately $3 billion for the solar sector, aims to position India as a global hub for solar manufacturing with over 100 GW module capacity by 2027. Additionally, initiatives like the Solar Rooftop Subsidy Disbursal Portal demonstrate the government's commitment to supporting and expediting the growth of the renewable energy sector.
India's success in the renewable energy transition serves as a blueprint for other nations, emphasizing the importance of clear, comprehensive, consistent, and cohesive policy commitments from governments. The country's trajectory, coupled with dedicated incentives and a supportive regulatory environment, showcases how to create an ecosystem where private sector investments thrive, contributing to sustainable and resilient energy futures. (Energetica India)
This is a roundup on important policy updates from 16th November to 30th November 2023.
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