Sunday, August 11, 2013

Media brings the issue of illegal sand mining on minister's table

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Inspection team likely to visit Gautam Budh Nagar sites today
Vishwa Mohan,TNN | Aug 6, 2013, 04.40AM IST 
NEW DELHI: With the young IAS officer Durga Shakti Nagpal bringing into focus the menace of illegal sand mining which thrives under alleged political patronage in Uttar Pradesh, the Union ministry of environment and forest has decided to take stock of the situation by sending a team of officials at the site in Gautam Budh Nagar district. The visit is likely to occur on Tuesday.

Environment minister Jayanthi Natarajan told TOI that the team would be sent to the illegal sand mining sites at the earliest. "We will crackdown on illegal sand mining under the Environment Protection Act. We intend to know the full facts of the issue. We would send a team there in a day or two," said Natarajan.

Asked about the National Green Tribunal's (NGT) order restraining sand mining in river beds across the country without prior green clearance, the minister said, "Though I haven't yet read the order, we have complete mechanism in place to implement it fully in the light of an earlier Supreme Court order to this effect".

The apex court had in February, 2012, directed states to grant leases for mining of minor minerals, including sand, even in a less than five hectares area only after getting environmental clearances. Earlier, plots that were less than five hectares did not need permission for mining.

Making certain observations about sand mining, the Supreme Court had noted adverse effect of such activities on biodiversity. It had said, "Sand mining on either side of the rivers is one of the causes for environmental degradation and also a threat to the biodiversity. Over the years, India's rivers and riparian ecology have been badly affected by the alarming rate of unrestricted sand mining".

The NGT order on Monday, in fact, only pushed for implementation of the SC orders while hearing the plea of the NGT bar association which contended that illegal mining and transport of lakhs of tonnes of sand is being carried out every year and is causing a loss of lakhs of crores of rupees to the state exchequer.

Many reports, however, show that UP is not the only state where illegal sand mining continues under alleged political patronage. Andhra Pradesh, Maharashtra and Bihar too saw illegal sand mining. 

NGT on illegal sand mining in Uttar Pradesh .... Durga Shakti Nagpal's impact

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National Green Tribunal pushes states to implement SC order banning sand mining
Vishwa Mohan,TNN | Aug 5, 2013, 09.04PM IST 
NEW DELHI: With the young IAS officer Durga ShaktiNagpal brining into focus the menace of illegal sand mining which thrives under alleged political patronage in Uttar Pradesh, the National Green Tribunal (NGT) on Monday restrained sand mining in river beds without taking prior environmental clearance across the country.
The Tribunal asked states to come out with their response on the issue by August 14 whereas the Union ministry of environment and forest decided to take stock of the situation by sending officials at illegal sand mining sites in Gautam Budh Nagar area in UP as early as on Tuesday.
The Green Tribunal came out with the order while hearing a plea filed by the National Green Tribunal Bar Association which alleged that the illegal sand mining activities were going on in Uttar Pradesh with "willful connivance" of the state machinery.
The plea was filed in the backdrop of Nagpal's action against illegal sand miners in Gautam Budh Nagar district. Though the Tribunal initially restrained illegal sand mining on the beds and banks of rivers Yamuna, Ganga, Hindon, Chambal and Gomti among others in UP, it later modified its order considering the nationwide implications of such an illegal activity.
Union minister of environment and forest Jayanthi Natarajan told the TOI that the team would be sent to the sites of illegal sand mining (Gautam Budh Nagar) at the earliest.
"We will crackdown on illegal sand mining under the Environment Protection Act. We intend to know the full facts of the issue as being highlighted by media and therefore would send a team within a next couple of days", said Natarajan.
Asked about the Green Tribunal's order restraining sand mining without prior environmental clearance, the minister said, "Though I haven't yet read the order, we have mechanism in place to implement it fully in the light of earlier Supreme Court order to this effect".
The apex court had in February last year directed states to grant leases for mining of minor minerals -- including sand, gravel, clay, marble and other stones -- even in a less than five hectares area only after getting environmental clearances from the ministry of environment and forest. Earlier, plots which were less than five hectares did not need any permission for mining.
Making certain observations about sand mining, the Supreme Court noted adverse effect of such activities on biodiversity. It had said, "Sand mining on either side of the rivers -- upstream and in-stream -- is one of the causes for environmental degradation and also a threat to the biodiversity. Over the years, India's rivers and riparian ecology have been badly affected by the alarming rate of unrestricted sand mining".
The Green Tribunal order on Monday, in fact, did not go beyond the pronouncement of the apex court orders. It only pushed for implementation of the orders while hearing the plea of the NGT Bar Association which contended that "rampant" illegal mining and transport of lakhs of tonnes of sand is being carried on every year and is causing a loss of lakhs of crores of rupees to the state exchequer.
"Uttar Pradesh state authorities have failed and/or have intentionally not taken appropriate legal action against the project proponents (those carrying out mining) and thus have abetted and willfully connived in allowing such illegal sand mining to take place in complete violation of environmental and other applicable laws," the petition alleged.
Many reports show that UP is not the only state where illegal sand mining continues under alleged political patronage. Andhra Pradesh, Maharashtra and Bihar too saw illegal sand mining despite the Supreme Court's order banning such activities.

MSP for minor forest produce

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Tackling red menace: Government introduces minimum support price system for forest produce
Vishwa Mohan,TNN | Aug 2, 2013, 11.15PM IST 
NEW DELHI: In a move which may help in breaking Maoists' financial backbone, the government has approved a scheme to procure 12 minor forest produces including tendu leaf, mahuwa seed, lac and tamarind through a the minimum support price (MSP) mechanism like foodgrain.

The centrally-sponsored system will remove contractors\middlemen who had to pay hefty protection money to Maoists. The responsibility of purchasing the forest produce on MSP will be with the state-designated agencies under the scheme.

Other minor forest produce which are to be procured on the basis of MSP include bamboo, karanj, sal leaf, sal seed, chironjee, wild honey, myrobalan and gums.

It is estimated that nearly 40% of the Naxalites' annual funding (roughly Rs 140 crore per annum as per a recent study conducted by a think tank) comes from the contractors involved in procuring these minor forest produce in Maoist-affected states.

Maoists manage rest of their funding through extorting miners, road contractors and private companies in mineral-rich red zone including Jharkhand, Odisha and Chhattisgarh.

The scheme, which got the Union Cabinet approval on Thursday, will also ensure that the tribal population gets a remunerative price for the produce they collect from the forest. It will also provide alternative employment avenues to them. An estimated 100 million forest dwellers depend on the minor forest produce for food, shelter, medicines, and cash income.

The ministry of tribal affairs will be the nodal authority for implementation and monitoring of the scheme. The MSP would be determined by the ministry with technical help of TRIFED. The scheme will have Rs 967 crore as central government share and Rs 249 crore as the state's share for the current Plan period.

The idea of choking the flow of fund to Maoists through MSP-based system was first discussed during the chief ministers' conference on June 5. The meeting was held in the backdrop of the brutal attack in Chhattisgarh which left 28 people including senior Congress leaders of the state killed on May 25.

Deliberations on strategy to deal with the problem had seen chief ministers of seven naxalite-affected states agreed to have a policy where the states can directly procure forest produce through MSP mechanism so that such economic activity does not fall into the hands of Maoists.

"At present, these lucrative forest produce are being procured by private contractors who have to part their earnings with Maoists out of fear. Once states start procuring these products, it will help in blocking the 'finance' of red ultras", said an official.

The new scheme seeks to establish a system to ensure fair monetary returns for forest dweller's efforts in collection, primary processing, storage, packaging, transportation etc, while ensuring sustainability of the resource base. "It also seeks to get them a share of revenue from the sales proceeds with costs deducted," said an official statement.

It will cover minor forest produce, which are not nationalized in states having scheduled areas and scheduled tribes in accordance with Fifth Schedule of Constitution. These are Andhra Pradesh, Chhattisgarh, Gujarat, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Jharkhand.

"The scheme supports primary value addition as well as provides for supply chain infrastructure like cold storage, warehouses, etc. Emphasis on scientific harvesting along with interventions stated in the scheme can sustain the process while ensuring higher returns to the collector. This package of intervention can help in organizing unstructured minor forest produce markets," said an official statement...........................................http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTMvMDgvMDMjQXIwMTUwNA==&Mode=Gif&Locale=english-skin-custom

Durga Shakti Nagpal ..... the case unites new generation of bureaucrats who want to bring change without fear and favour



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UP cannot keep IAS officer Durga Shakti Nagpal under suspension for more than 90 days
Vishwa Mohan,TNN | Aug 2, 2013, 08.26PM IST 

Durga Shakti Nagpal can be placed under suspension beyond three months only if her suspension order is confirmed by the central government.
NEW DELHI: The Uttar Pradesh government cannot keep the brave IAS officer Durga Shakti Nagpal — who launched a massive crackdown against illegal sand miners in Gautam Budh Nagar district — under suspension for more than 90 days without the Centre's consent.

The young IAS officer can be placed under suspension beyond three months only if her suspension order is confirmed by the central government. Even in that case, she cannot be placed under suspension beyond one year.

The All India Services (Discipline and Appeal) Rules says that the state can keep the officer under suspension for maximum 90 days, pending disciplinary proceedings.

The central government (ministry of personnel which is the cadre controlling authority of all IAS officers in the country) can either confirm or deny the state's suspension order based on report of the departmental proceedings.

Under the rule, the state cannot delay the report beyond 90 days (initially 45 days which may be further extended to another 45 days) — that means Uttar Pradesh government cannot put Nagpal under suspension, pending disciplinary proceedings, beyond three months without being conformed by the Centre.

During disciplinary proceedings, the IAS officer has to present her reply through her superior to the chief secretary.

The chief secretary, being the top bureaucrat in the state, can take a call to either continue the suspension or revoke it depending on report of the disciplinary proceedings.

State will then have to send the report to the Centre for confirmation. Opinion of the central government will prevail after processing the report.

If Centre goes by the state's report, the suspended officer can move to the central administrative tribunal (CAT) for "revocation" or "stay" of the suspension order.

The CAT (which deals with officers' service matters) acts as the arbiter — decides on the basis of the Centre's recommendations and those of the state government. It also takes into account the officer's version. It judges if the state government followed due procedures as per service rules in suspending officer.

The period of suspension on the charges other than corruption will not exceed one year, pending further departmental inquiry. If the inquiry is not completed within one year, the suspension order will automatically stand revoked.

Suspension of IAS officer can continue beyond one year only on the recommendations of the central ministry's review committee. This stage, however, comes only in the case of serious disciplinary charges against an officer. 

Relaxed norm may boost development in Maoist-affected districts




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Govt relaxes forest land use norms to boost development in Red Zones; extends the list of beneficiaries
Vishwa Mohan,TNN | Aug 1, 2013, 09.47PM IST 
NEW DELHI: Thirty-five more Maoist-affected districts will now be able to divert forest land for creation of critical public utility infrastructure including schools, hospitals, police stations and rural roads without being trapped in the nitty-gritty of mandatory forest clearance.
The ministry of environment and forest (MoEF) has recently extended the 'relaxed' norms to these districts, taking the tally of such districts availing the concession to 117. The maximum 11 districts out of the new addition of 35 are in Bihar, which, of late, got Centre's special attention due to the state chief minister Nitish Kumar's clear tilt towards the UPA.
Though the MoEF's decision had come over a month before Kumar's JD(U) snapped ties with BJP, the move was extension of the Centre's other concessions to Biharincluding clearing Rs 12,000 crore package for the state.Bihar had been insisting to include these districts in the list of Maoist-affected districts for long, but the Centre earlier did not oblige the state.
The MoEF's officials, however, maintained that the ministry had simply heeded to the advice of home ministry and planning commission by extending the relaxed forest conservation rules to all these 35 districts including 11 from Bihar. Eight districts in the list are from Andhra Pradesh followed by seven fromChhattisgarh, four from Jharkhand, two each from Maharashtra and Odisha and one from West Bengal.
Under the relaxed norms, the ministry has accorded "general approval" under Section-2 of the Forest (Conservation) Act, 1980 for diversion of forest land for creating 13 categories of public infrastructure in these districts. The provision, however, restricts the government departments to involve maximum five hectares of forest land for a particular project.
The 13 categories of works which are allowed under the relaxed norms include construction of schools, rural roads, dispensaries, hospitals, electrical and telecommunication lines, rain water harvesting structure, minor irrigation canal, police stations, water towers and underground laying of optical fiber cables, telephone lines and drinking water supply lines among others.
The MoEF had in 2011 relaxed the norms for 60 Maoist-affected districts. Later, it was extended to 22 more districts in December last year. The latest addition of 35 districts had happened on May 17, taking to tally to 117.
While 82 of them are the districts which come under the Integrated Action Plan (IAP) scheme of the Planning Commission, the 35 are those which come under Security Related Expenditure (SRE) scheme of the home ministry.
Out of 1,00,133 projects taken up by the states for accelerated development under the IAP, 69056 projects had been completed till January this year. Under theSRE scheme, funds are provided for meeting the recurring expenditure relating to insurance, training and operational needs of the security forces, rehabilitation of surrendered Maoist cadres and community policing.........................http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTMvMDgvMDUjQXIwMTEwMg==&Mode=Gif&Locale=english-skin-custom

Niyamgiri Hills ..... Vedanta ...... Bauxite Mining ..... and a question mark over the development model in 21st Century India




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AND

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Villages reject Vedanta's plan to mine Niyamgiri hills
Vishwa Mohan,TNN | Aug 1, 2013, 04.42AM IST 

Though the ministry's official position will be disclosed only in the Supreme Court in due course, closed-door discussions over the developments in Odisha indicates that it may be a lost battle for Vedanta and the state government.
NEW DELHI: Vedanta is unlikely to get clearance to mine Niyamgiri hills to feed its alumina refinery at Lanjigarh in Odisha. With a majority of the selected villages rejecting the state's proposal to allow bauxite mining in the area, the Union environment ministry is likely to stick to its guns and hold back the mandatory clearance.

Though the ministry's official position will be disclosed only in the Supreme Court in due course, closed-door discussions over the developments in Odisha indicates that it may be a lost battle for Vedanta and the state government.

Government sources said the ministry will not go against the wishes of people, keeping in view its earlier stand when it insisted that rejection from even one of the 12 'selected' villages would be enough to maintain status quo. As it stands, eight villages have already rejected the proposal with the rest likely to go the same way.

"Such an outright rejection from majority of gram sabhas will only vindicate the ministry's stand," said an official source.

The ministry had cancelled the mandatory stage-II forest clearance granted to Vedanta's bauxite project in August 2010.

After setting up a one million tonne per annum alumina refinery at Lanjigarh in Kalahandi district, Vedanta had entered into an agreement with the Odisha government for supply of bauxite through the state-owned Orissa Mining Corporation. This move was, however, challenged by anti-displacement groups and the company could never operate its plant at full capacity due to shortage of bauxite.

The Supreme Court had in April asked the Odisha government to go to gram sabhas to look into religious and cultural aspects of the (Dongaria Kondh) tribals in the region and take a decision in three months.

Independent observers of the state government will write to the environment ministry once all 12 gram sabhas come out with their views. The ministry will then have to submit its report to the Supreme Court within three months.

The matter is expected to figure in Vedanta's annual general meeting in London on Thursday. The company did not respond to TOI's questions relating to these developments till late on Wednesday evening.

A challenge before the proposed Telangana (the birthplace of many dreaded Maoists) .... the warning may help the new state look at weak links and take adequate measures to handle the menace

http://t.co/Qvs7CMnZAp

Srikrishna panel warns of Red challenge for Telangana
Vishwa Mohan,TNN | Jul 31, 2013, 02.21AM IST 

It is believed that the proximity of north Telangana region with the Red zones in Odisha, Chhattisgarh (Bastar) and Maharashtra (Gadchiroli) will turn out to be advantageous for the ultras
NEW DELHI: Will Telangana meet the fate of Chhattisgarh and Jharkhand which turned into Naxal hotbeds after being carved out from Madhya Pradesh and Bihar, respectively? Security indicators point to this possibility as it found special mention in the Srikrishna Committee report that factored in the region's history and its proximity to 'live' Red Zones.

Though the committee did not make the particular chapter, which deals with internal security issue, of its report public, it shared its content voicing concerns of security experts and stakeholders separately with the home ministry.

The chapter pointed out how the formation of new state could spell trouble in maintaining peace in the region which had once been in the grip of Red terror.

It also specifically noted how the over-ground sympathizers of Maoists had been in the forefront of supporting the pro-Telangana agitations, making it possible that the new state may go soft towards the left-wing extremists.

The government had set up Justice (retired) B N Srikrishna Committee for consultations on the situation in Andhra Pradesh, specifically in view of the separate Telangana statehood demand. The committee had submitted its report to the home ministry in December, 2010.

Referring to the concerns raised by the Committee as well as security agencies, officials here said the division of Andhra Pradesh would see bifurcated police force contributing to a weaker response to the Maoist menace.

"The state's special anti-Naxal force, Greyhound, which had successfully countered Red ultras in the past few years will also be bifurcated, giving breathing space to the Maoist top leadership that was chased out of Andhra Pradesh," said an official.

Incidentally, CPI (Maoist) chief Muppala Lakshmana Rao alias Ganapathi belongs to the Telangana region (Karimnagar district) like his other comrades from the ultras' top decision-making body, politburo, and the outfit's central committee. While six of them belong to Karimnagar, 13 others are from Warangal.

Though they all had started from Andhra Pradesh, they had to eventually flee the state amid intense pressure from Greyhound and other security agencies and took shelters in the ultras' hideouts either in Chhattisgarh or Jharkhand.

It is believed that the proximity of north Telangana region with the Red zones in Odisha, Chhattisgarh (Bastar) and Maharashtra (Gadchiroli) will turn out to be advantageous for the ultras who may use it to coordinate with their inter-state wings for bigger strikes, specifically when the bifurcated police force will hardly pose any challenge for the.

"Such a situation will also see Naxals from neighbouring states to take shelter in relatively safer Telangana during anti-Maoist operations in Odisha, Chhattisgarh or Maharashtra," said an official.

Citing examples of Chhattisgarh and Jharkhand, the official also pointed out that the new states have to pass through a phase of slowdown in economic activity that ultimately drive people to deprivation, forcing them to take up radical steps like taking up arms or other illegal activities.

"Maoists, generally, look for recruiting cadres from among such vulnerable people and the new state, having history of Naxal violence, may provide a fertile ground for them," said the official while keeping his fingers crossed amid fear of facing any extreme eventuality in the long run................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JS00vMjAxMy8wNy8zMSNBcjAxMDA3&Mode=Gif&Locale=english-skin-custom