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Legal Review by
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Updated by
Published on
March 13, 2022
May 17, 2022
Edited on
March 13, 2022
The clearance issued by the Ministry of Environment, Forests and Climate Change to Star Cement Limited for the expansion of limestone mining on 42.051 hectares of land in Brishyrnot village in East Jaintia Hills has sparked controversy. Star Cement Limited is one of the largest cement manufacturing firms in the Northeast, and it will use the Brishyrnot mine to produce limestone using a fully mechanised open-cast method.
Local organisations, such as the Khasi Students Union (KSU), Jaintia Students' Union (JSU) and Hynniewtrep Integrated Territorial Organisation, contend that the expansion of limestone mining poses a grave environmental threat to nearby areas, such as the Lukha river and Narpuh Wildlife Sanctuary. Stating that the proposed project boundary is only about 0.25 kilometres from the eco-sensitive zone of the wildlife sanctuary, the organisations have also pointed out the negative impact of mining on about 17 villages near the mining site.
The KSU and JSU consider the clearance unlawful, alleging that it bypasses several prescribed environmental protocols. As per the approval letter, the project falls under Category A of the Environment Impact Assessment Notification, 2006, which mandates public consultation with the affected people. However, all three previously attempted public hearings have failed due to strong opposition by local organisations. In November 2020, the third public hearing had to be cancelled midway because of agitation, resulting in injuries to seven police personnel.
The controversy has also pitted the local organisations against the state government. While Meghalaya Chief Minister Conrad K. Sangma dismissed any involvement of his government in the clearance issued by the Union ministry, the JSU alleges that the Meghalaya State Pollution Control Board had recommended the approval to Star Cement, which led to the final nod from the ministry.
Criticising Sangma for distancing his government from the issue, JSU General Secretary Treiborlang R. Suchen was quoted as saying that “the JSU will not allow this forceful act of the government that goes against the land tenure system in Jaintia Hills as provisioned under the Sixth Schedule”.
Interestingly, residents of Brishyrnot village have reportedly given a No Objection Certificate (NOC) to the proposed mining expansion plan, claiming that manufacturing operations would open up development opportunities for the village and its nearby areas. The JSU, however, has questioned the NOC, claiming that it was acquired arbitrarily in the absence of a successful public hearing and without the involvement of the Jaintia Hills Autonomous District Council.
The JSU has submitted two complaints to the National Green Tribunal (NGT) and the Ministry of Environment, Forest and Climate Change, demanding the revocation of the environmental clearance given to Star Cement. An online petition at Change.org against the clearance has received over 1,500 signatures.
Wallam Nongsiej, vice president of the KSU - Delhi Branch, told LCW that the organisations are waiting for a response from the environment ministry before taking up the issue further. Questioning the decision to conduct a public hearing at the East Jaintia District Commissioner’s office far from the mining site, he expressed doubts at the authenticity of the NOC obtained from the village. “About 280 residents have supposedly given the NOC. But who are these 280 people? When we go and talk to them, many deny giving any such clearance,” he said.
Amidst the stiff opposition, James Sangma, state forest and environment minister, told the media that it is the prerogative of the Union ministry to grant the environmental clearance for a mining project as the matter falls beyond the purview of the state government. “We understand our responsibility in terms of trying to preserve the delicate ecological balance in our state but at the same time, we have to follow necessary rules and laws and that is what we have done in terms of the environmental clearance granted to Star Cement,” he was quoted as saying in news reports.
Opposition against environmental degradation
Demand to revoke the environmental clearance
Rural
Common
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
16
Type of investment:
Cost of Project
Year of Estimation
Page Number In Investment Document:
5
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
Yes
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Violation of environmental laws
Non-consultation with stakeholders
Legal Status:
In Court
Status of Case In Court
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
National Green Tribunal
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Physical attack
Whether criminal law was used against protestors:
Reported Details of the Violation:
Seven police personal were injured in protests during the third public hearing of the project.
Date of Violation
November 20, 2020
Location of Violation
East Jaintia Hills
Nature of Protest
Campaigns (grassroots organisations/press releases/media)
Protests/marches
Complaints/petitions/letters/memorandums to officials
Government Departments Involved in the Conflict:
Office of the Deputy Commissioner - East Jaintia Hills; Meghalaya State Pollution Control Board; Ministry of Environment, Forests and Climate Change
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
LCW called up the office of Star Cement but did not get a response.
Name, Designation and Comment of the Government Authorities Approached
LCW called up the office of Star Cement but did not get a response.
Corporate Parties Involved in the Conflict:
Star Cement Meghalaya Limited
Did LCW Approach Corporate Parties for Comments?
Yes
Communities/Local Organisations in the Conflict:
Khasi Students' Union, Jaintia Students' Union, Hynniewtrep Integrated Territorial Organisation
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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