Jharkhand moves SC against Centre's decision to auction state's coal blocks for commercial mining

Jharkhand government has moved the Supreme Court against the Centre's decision to auction coal blocks situated in the state for commercial mining alleging that the announcement was made "unilaterally" without its consultation.

The Jharkhand Mukti Morcha-led government has filed an original suit under Article 131 of the Constitution which provides for the state to move directly to the Supreme Court in matters of dispute with the Centre.

The move came weeks after Jharkhand government had filed a separate petition in the apex court challenging the Centre's action for virtual auction process of 41 coal blocks for commercial mining.

In its suit, the state has claimed that it is "highly inappropriate" for the Centre to conduct auction at this time of Covid-19 pandemic as all the machinery of the state and the Centre are to be enjoined to "alleviate the problems of citizen" caused due to the deadly virus.

It claimed that the suit has been filed to "assail the unilateral, highhanded, arbitrary and illegal action" of the Centre in launching the auction of commercial coal mining for nine coal blocks situated within the territory of Jharkhand.

"The defendant (Centre) has announced the impugned auction unilaterally without consultation with the plaintiff (Jharkhand). The plaintiff state is the owner of the mines and minerals situated within the territory of the plaintiff," said the suit, settled by advocates including Jharkhand's Additional Advocate General Tapesh Singh.

"The meetings of February 2020 are meaningless as they do not take into account the materially changed circumstance arising out of the Covid-19 pandemic. Renewed consultation with the plaintiff state was indeed required due to Covid-19 pandemic which has brought the nation and the entire globe to a standstill, in a manner never seen before," it said.

Referring to the purported meetings or consultations held on February 5 and February 23, the suit has claimed that the Centre did not consider the objections raised by the state.

Referring to the Fifth Schedule to the Constitution, which deals with administration and control of Scheduled Areas and Scheduled Tribes, it said that six of the nine coal blocks in Jharkhand – Chakla, Chitarpur, North Dhadu, Rajhara North, Seregarha and Urma Paharitola -- which have been put up for auction fall within the Schedule Fifth areas.

It said out of the total population of 3,29,88,134 in Jharkhand, a total of 1,60,10,448 resides in the Schedule Areas.

"The impugned action impinges the rights of the indigenous people of the plaintiff state and will lead to large scale displacement and consequential rehabilitation and re-settlement issues," it said.

It alleged that the Centre's action is in violation of the environmental norms and will "cause irreparable damage" to the environment, forests and land area of the state.

The plea said that Jharkhand has a forest cover of 29.4 per cent and the coal blocks put up for auction are situated in forest lands.

Referring to the situation prevailing due to the pandemic, the suit alleged that auction of coal blocks at this time "will be playing into the hands of the capitalist lobbies at the cost of national interest".

"The present situation, thus, is not conducive for conducting the auction which is bound to get affected by the falling growth rate and weak economic conditions," it said, adding that the Centre's action of commencing tendering process from June 18 onwards without "proper consultation, coordination" with the state is "unjustified".