India's mining sector and the need for reform | June 2025

Welcome to our latest newsletter! This has been an important month for uncovering the challenges that riddle the mining sector and their consequential socio-environmental impacts. In Odisha, the state government overrode the decisions of five gram sabhas that had rejected the expansion of a limestone and dolomite mining site. Further research reveals at least 136 cases of land acquisitions which have violated fundamental safeguards. Meanwhile, in Assam, investigations using satellite imagery shows the prevalence of at least 80 illegal rat-hole mining sites near Diima Hasao, where nine miners had died after a mine collapse in January, 2025.

Our researchers have also added 12 new land conflict case studies from 7 states to the Land Conflict Watch database, and added updates to 12 ongoing conflicts across 8 states. 

We hosted an important policy talk unpacking the term ‘just transition’, and the current state of mine closures in India. Our legal team examines recent critical judgments on proposed amendments to the Waqf Board and tree felling in the Taj Trapezium Zone. Read on, bookmark if you must, but do keep yourself informed.

Government Bypasses Village Assemblies and Laws

In Odisha, the authorities overrode five gram sabhas’ decisions to unanimously reject expansion of Dalmia Cement’s limestone mines in Sundargarh violating and bypassing due process as stated in Panchayats (Extension to Scheduled Areas) Act (PESA), 1996 and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013. However, this is not an isolated incident. A 2024 report by the Comptroller and Auditor General (CAG) reveals that at least 136 cases of land acquisitions in which constitutional and legal safeguards to Adivasi communities were violated across Odisha over five years. Read the full report by Mahmodul Hassan for Article 14

Rat-hole mines in Assam rampant despite NGT ban

Despite the National Green Tribunal’s ban on rat-hole mining since 2014, satellite evidence reveals rampant illegal mining in Assam, including at the January 2025 accident site where nine workers died. Rathole mining is a coal extraction method where narrow tunnels are dug into the ground, just wide enough for a worker to crawl through and extract coal by hand. It is considered hazardous, unscientific, and environmentally damaging. Over 80 illegal mines were found within 2.7 km of the site—some operating since 2016. At least 19 fall within the Garampani block, allotted to the state-run Assam Mineral Development Corporation, contradicting the claims that the site was abandoned for 12 years. Read the full report by Mahmodul Hassan for The Wire.

NEw in our Database

 
We are currently tracking 948 ongoing conflicts in the LCW database. Last month, our researchers added 12 new conflicts and updated 12 ongoing land conflicts:

  1. Land dispute between Lauri and Mimi villages in Nagaland turns violent
  2. Punjab farmers protest 'forceful' land acquisition for Delhi-Katra Expressway
  3. Villagers protest against the expansion of the industrial park in Mundra
  4. PESA Act overlooked in President Murmu’s district as tribal families evicted for airstrip in Odisha
  5. Jorhat faces growing tensions amid claims of land encroachment by Naga communities
  6. Wapungskur Dorbar Shnong in East Jaintia Hills opposes the coke plant project
  7. Farmers protest against land acquisition for a power substation in Gujarat's Moti Boru
  8. Illegal earth cutting, tree felling in the Bondapara Reserve Forest in West Kamrup raises alarm
  9. Malu village in Tinsukia protests coal waste dumping on tribal land by Tikak Colliery
  10. Assam villagers fight to save Hatiutha Hill from granite mining
  11. 11 families displaced amid eviction drive in Guwahati’s Birubari
  12. In Jammu and Kashmir, villagers protest the relocation of the Government Medical College in Handwara

Updates in Existing Conflicts 

  1. In Karnataka's Nagarhole, Jenu Kurubas fight to reclaim ancestral land amid delay in FRA claims settlement
  2. Vizhinjam seaport sparks fear among locals, environmentalists over coastal erosion
  3. Gujarat farmers seek higher compensation for land acquired for the Bhadbhut Barrage
  4. Despite protests, Aarey Metro car shed nears completion
  5. After Rajgurunagar, farmers in Maharashtra's Purandar oppose Pune International Airport
  6. Murkongselek-Pasighat railway project in Arunachal Pradesh progresses amid land compensation controversies
  7. The Nyamjang Chhu hydroelectric project in Arunachal threatens the culture, livelihood of the Monpa community
  8. Shillong airport expansion project faces land acquisition hurdle, High Court steps in
  9. Farmers await return of land acquired for Kakinada SEZ in Andhra Pradesh
  10. Polavaram irrigation project affected families in Andhra Pradesh still awaiting rehabilitation
  11. Adani's Dharavi Redevelopment plan ignites fear of evictions and displacements among residents
  12. West Bengal government changes plan for Power Grid in Bhangar following protests

 

Law in Focus

Supreme Court Reserves Verdict on Waqf (Amendment) Act, 2025

On May 22, 2025, a Supreme Court bench comprising the Chief Justice of India B R Gavai and Justice Augustine George Masih reserved its verdict in ‘In —a batch of petitions challenging the constitutionality of the Waqf (Amendment) Act, 2025. The Waqf (Amendment) Bill was introduced in the Lok Sabha in August 2024 and passed by both Houses of Parliament in early April 2025. It received Presidential assent on April 5, 2025.
 
‘Waqf’ refers to property permanently dedicated in the name of God for religious or charitable purposes and is inalienable.
The 2025 amendment introduces significant changes to the legal framework governing waqf properties. Some critical changes:

  • The amendment mandates that waqf can only be created through a formal deed, ending the earlier practice of oral or verbal declarations.
  • The amendment removes the legal recognition of the principle of ‘waqf by user’, which allowed properties to be deemed waqf based on continuous public use for religious or charitable purposes. This change, though only applicable prospectively, excludes many such properties from future recognition.
  • The amendment bars any government-owned land from being declared as waqf, regardless of its use.
  • The amendment also applies the Limitation Act, 1963 to waqf property-related proceedings. As per the Limitation Act, 1963 any suit instituted after the prescribed period shall be dismissed. As a result, if a waqf property is encroached upon, the Waqf Board has to institute a suit within the time prescribed in the Limitation Act 1963.

These changes have sparked significant legal and political debate. While the petitioners are wary of these amendments, the government maintains that they are necessary to improve transparency, prevent misuse, and ensure better land governance.


Supreme Court Imposes Heavy Penalties for Illegal Tree Felling in Taj Trapezium Zone

The Supreme Court of India, in the ongoing matter M.C. Mehta v. Union of India & Others concerning the Taj Trapezium Zone (TTZ), invoked Article 142 of the Constitution to enforce deterrent measures recommended by the Central Empowered Committee (CEC). Article 142 empowers the Supreme Court to pass any order necessary for doing complete justice in a case, and such orders are enforceable throughout India.
 
Emphasizing that unlawful tree cutting threatens the ecological balance and the preservation of monuments like the Taj Mahal in the TTZ area, the Court prescribed graded penalties ranging from ₹5,000 to ₹25,000 per tree, depending on the nature of the violation.
 
In cases involving the illegal felling of private trees of restricted species, the offender must also bear the cost of planting 10 new trees for each tree cut, in a block plantation, along with the cost of maintaining those trees for five years. For offences under the Indian Forest Act, 1927, in addition to the compounding fee, the offender must pay for planting 10 new trees per tree cut, provide tree guards, and cover the maintenance costs for five years.

Land Conflict Watch's Monthly Policy Talk 

What does Just Transition look like in India? How do we ensure the security of mining affected communities? Our researcher Sukriti Vats discusses the urgent need for closure of exhausted mines in India diving into its current status, emerging challenges, and way forward. 

You can join our future policy interactions by subscribing to our membership plan

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Editor,
Vasudha Varadarajan
Creative Content Editor