Why in News?

National Green Tribunal (NGT) panel to probe illegal mining done by BJP MP Brij Bhushan Saran Singh in District Gonda, Uttar Pradesh in the matter of Raja Ram Singh v. State of UP.

Background

• The plea filed by the petitioner against Brij Bhushan Singh raised allegations of illegal mining.
• It was alleged that in villages like Majharath, Jaitpur, Nawabganj, Tehsil Tarbganj, and District Gonda everyday over 700 overloaded trucks of extracted minor minerals were illegally transported.
• It was further contended that alleged storing and illegally selling minor minerals was to the tune of about 20 lakh cubic meters.
• Patpar Ganj Bridge and Road were also damaged by overloaded trucks carrying illegally mined minerals.

Court’s Observations

• Taking a serious view on the allegations NGT observed that, “Prima facie, the averments made in the application raise questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010.”
• The NGT bench constitutes a Joint Committee comprising of representatives from the Ministry of Environment, Forest and Climate Change, Central Pollution Control Board, National Mission for Clean Ganga, UP Pollution Control and District Magistrate, Gonda.
• The Tribunal also directed the Committee to meet within one week and undertake visits to the site and look into the grievances of the applicant.

Illegal Mining

• Illegal mining is a mining activity undertaken without state permission particularly in absence of land rights, mining licenses, and exploration or mineral transportation permits.
• It may also include the violation of environmental, labor, and safety standards.
• Mining scams in India are widespread scams in various ore-rich states of India.
• Such issues span to encroachment of forest areas, underpayment of government royalties, and conflict with tribals regarding land rights.
• Illegal mining may involve the use of hazardous chemicals such as mercury and cyanide, which pose serious health risks to miners and nearby communities.

Laws Related to Mining in India

• The entry at Serial No. 23 of List II (State List) of the Constitution of India mandates the state government to own the minerals located within their boundaries.
  • Entry 23 - Regulation of mines and mineral development subject to the provisions of List I with respect to regulation and development under the control of the Union.
• The Entry at serial No. 54 of List I (Union List) mandates the central government to own the minerals within the Exclusive Economic Zone of India (EEZ).
  • Entry 54 - Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.
    • EEZ is an area of the ocean, generally extending 200 nautical miles (230 miles) beyond a nation's territorial sea.
• The Mines and Minerals (Regulation and Development) Act (MMRD Act), 1957 mainly deals with general restrictions on prospecting licenses and mining operations and the rules and procedures for regulating grants of prospecting licenses and mining leases.