VJAS demands probe 1008 hector land allotment to Reliance in Yavatmal
Dust over the decision Maharashtra chief minister ashok chvan to grant Rs.88 crore land in farm suicide hit yavatmal district to MPCC President Manikrao Thakare is till not gathered another decision over of Mahrashtra Chief Minister Ashok Chavan to grant more 1000 hector land to Anil Ambani’s M/s.Reliance Cementation Pvt.Ltd around villages Chanakha, Nimdeli, Gubri and Koregaon the same area in yavatmal district tribal belt where agrarian crisis is at it’s peak and area known as epicenter of farmers suicides of vidarbha .Vidarbha Janandolan Samiti(VJAS) has alleged that Chief Minister Ashok Chavan has favored M/s.Reliance Cementation Pvt.Ltd in exchange multi-thousand crore deal for himself and his congress party just before the assembly election and demanded detail probe in to land deal.
“This is gross misuse of power and floating the rules farmed by central and state Govt. for mining and setting up the thermal power plant as whole 1000 hector area 10 k.m. patch lect side is ‘Tippeshwar reserved forest and right side is Wainganga River hence EIA clearance and forest ministry clearance is impossible. we have poper locus in this case and will move the high court against this illegal order ” Kishore Tiwari Vidarbha Janandolan Samiti(VJAS) informed today.
Mahrashtra Chief Minister Ashok Chavan has ordered under section of 11(2) of the MMDR Act, 1957 to grant Mining Lease for Lime Stone to M/s.Reliance Cementation Pvt.Ltd., Navi Murrbai over an area of 1008.33 H/R situated at Mauza Chanakha, Nimdeli, Gubri and Karegaon, Taluka Kelapur, District Yeotmal on 25th august 2009 just before the code of conduct is imposed by Election Commission of India .
VJAS in letter to Lokaukatta has made has made series of allegation to claim the decision to grant the mining lease was malafide and ill managed as while giving the order Mahrashtra Chief Minister Ashok Chavan
Observations are :-
I quote
On perusal of the records and taking into consideration oral / written submissions of the applicants and going through the provisions of Mines and Minerals (Development and Regulation) Act, 1957 and Mineral Concession Rules, 1960,1 have made following observations:-
(i) At Mauze Chanakha, Nimdeli, Gubri and Koregaon the area available for grant of ML for Lime Stone is 1008.22 H./R.
(ii) Since the area under consideration for grant of P.L. has been notified u/s 11(2) and 11(4) of the MMDR Act, 1957, the selection of applicant will be governed by the relevant Rules and Regulation. This selection will have to be made in consonance with guidelines issued by the Government of India, Ministry of Mines letter No. 7160/2006-MIV, dated the 24.06.2009.
2. The Inter-Se-Merit Chart has been formulated and appended herewith as Annexure 'A' which includes the reasons for acceptance / rejection of particular application. It may be noted that it is vital part of this Order. It is seen there from that:-
(a)Following applicants have already established Cement Plants in the State or in other States:
(1)M/S.GUJARAT AMBUJA CEMENTS LTD., MUMBAI
(2M/S.MURALI AGRO PRODUCTS LTD.,
(3)M/S.SHREE CEMENTS LTD., BEAWAR, RAJASTHAN
(4)M/S. ACC CEMENT I TD., MUMBAI
(5)M/S. LAFARGE
(b)Following applicants have proposed to set-up Cement Plants:-
(1)M/S.GRACE INDUSTRIES LTD.,
(2)M/S. BLA CEMENT PVT.LTD.,MUMBAI
(3)M/S.ANIK INDUSTRIES LTD.,
(4)M/S.SARTHAK INDUSTRIES LTD.,
(5)M/S. NECO INDUSTRIES LTD.,
(6)M/S.RELIANCE CEMENTATION PVT.LTD., NAVI MUMBAI
(7)M/S. EMAMI CEMENT LTD., KOLKATA, W.B.
(8)M/S.BHATIYA INTERNATIONAL LTD.,
(9)M/'S. TAJ LIME INDUSTRIES, TA!. WANI, DIST. YEOTMA!
(10)M/S. SURJAGARH STEEL & MINES PVT.LTD.
(c)Following applicants are Iron/Steel/Power manufacturer and needs
(1) M/s.New India Mining Corporation
(2) M/s. Ispat Industries Ltd., Mumbai
(3) M/s. Sunflag Iron & Steel Co. Ltd., Mumbai
(4) M/s. Virangana Steel Ltd.,
(5) M/s. Monnet Ispat & Energy Ltd.,
(6) M/s.ChamanMetalicsPvt.Ltd., Kolkata
(7) M/s. Uttam Galva Steel Ltd., Mumbai
(d) Rest of the applicants are either going to establish Lime base small units or proposes the trading of the mineral or proposes to utilize the mineral in their sister concern.
CONCLUSION
1.In
2. It is seen from the Inter-Se-Merit Chart and Observations made above that the applicants mentioned in para 2(a) and 2(b) of the Observations prevails over other applicants as all of them do have requisite technical expertise, sound financial position and capacity to make huge investment to carry out mining activities and to establish the End Use Project or to utilize the mineral for expansion of their existing units. Thus it means that here exist more than one applicant who do have capabilities as mentioned in Section 1 1(3) and as a result of this choice of applicant has become difficult. Since these eligible applicants are co-equal in terms of their chronology. In this situation, the Guidelines laid down by Government of India, Ministry of Mines vide their letter dt. 24.06.2009 indicates that the choice has to be made on objective selection criteria in transparent manner. Normally the recommendation of the State Government in this regard is acceptable if comparative chart of all applicants on criteria enumerated in Section 1 1(3) of MMDR Act is available and the State Government has passed reasoned orders for acceptance of a particular applicant and for 'rejection of the remaining applicants.
3. In view of above the cases of eligible applicants are analysised as follows:-
(a)M/s.Sanchit Ispat Pvt.Ltd.-,
existing unit by 2.2 MTPA. But actual execution of the expansion
activity seems to be at primary level. Hence their requirement of
not of immediate concern. Their case will be considered at appropriate
time. Hence I do not consider them for grant of M.L.
(b)M/s. Murali Industries Ltd.,
Stone / Dolomite over an area of 11,89 sq. kms. having geological
reserves upto 128.669 million tones. Out of this they have yet to explore
the area over 9.85 sq.kms. They propose to expand their present capacity
of 3 MTPA up to 11 MTPA. But at present, they do have sufficient
reserves and their case can be considered when they will explore the
entire area already granted to them. Hence I do not consider their case for
grant of M.L.
(c)M/s.Shree Cement Ltd., Beawar, Rajasthan- have established two Cement
Plants. It is not clear from their submission whether they require the
for their present units or for expansion activities. It is not known the
present availability of
justified their claim for grant of M.L. Hence I do not consider their case for grant of M.L.
(d)M/s. ACC Cement Ltd., Mumbai has already been granted M.Ls over an
area of 16.13 sq.kms. As per the available record 70.00 MT estimated
Lime Stone deposits are yet to be explored by the Company. The present
consumption in present Unit is 1.00 lakhs MTPA. Now they propose to
set-up 2 MTPA Clinkering Unit and demanded ML for the purpose. But
it is clear from above information that they do have enough reserves of
Lime Stone. Therefore, their claim for ML is not of immediate concern.
Hence I do not consider their case for grant of M.L.
(e)M/s.Lafarge India Pvt. Ltd., Mumbai- is a part of Lafarge Group having
origin in the
manufacturing the Cement and allied activities and are capable to procure
the mineral from other sources. They have proposed to establish 1.6
MTPA Clinker Plant with investment of Rs. 1400.00 crores. They do
have capacity and capability to execute the project. But so far they have
not taken any steps to set-up the plant in the State. In view of this their
claim will be considered at an appropriate time. Hence I do not consider
their case for grant of M.L. over the area applied by them.
(!)In Chandrapur and Gadchiroli districts M/s.Ambuja Cement hold Mining Leases over an area of 17.91 sq. kms. having approximate geological reserves of 190.38 million tones. At present they are operating one unit of cement production of 2.85 MTPA capacity in Chandrapur. According to N.C.B.M. norms their total requirement is of 459 million tones. This indicates that the Company has still to explore full capacity of the area, I do not consider their case for grant of M.L.
4.I have gone through the submissions made by the applicants who have proposed to set-up Cement Plants with sizable investment. While considering these cases weightage has been given to parameters laid down in Section 11(3) of the Act and preparedness of the applicant to establish project. No doubt applicants mentioned in para 2(b) of the Observations are eligible, but except M/s. Reliance Cementation Pvt.Ltd. the preparedness of rest of them is either at primary level or some of them have showed only intention to set-up the project. Therefore their cases are not of immediate concerned.Hence I do consider them for grant of M.L.
5. As regards M/s.Reliance Cementation Pvt.Ltd. M/s.AAA Trader Pvt.Ltd.,
Mumbai a subsidiary of Reliance Group which is now merged in M/s. Reliance
Cementation Pvt.Ltd. has been granted ML for Lime Stone and Dolomite of Mukutban deposits which approximately have 30 million tone geological reserves. It is proposed to set-up 5 MTPA cement plant in Yeotmal district (D+ Category i.e. industrially most backward district) in Vidarbha Region. As per NCBM norms this plant will require 537 MT resources of Lime Stone
land required for compensatory afforestation have been identified and is being purchased, proposal for diversion of Forests land is submitted, meeting with MOEF Committee has been scheduled to finalize environmental clearance, established site at Mukutban / Butibori for Cement and Power project, already applied for Coal linkage and requisite machinery is being obtained. So far they have invested Rs. 25.00 crores. They have signed MoU with the State Govt. for setting up Mega Project. Thus they have taken positive steps and made sincere efforts to set-up the assured project. It may be seen that so far applicant has been granted M.L. in which the the resources are up to 30 Million tones. However, to meet the vast shortfall in reserves and set-up a new field cement plant in Yeotmal Dist. additional mineral leases are required. Additional mineral concession in terms of M.L. for un-interupted supply of
6.Since while considering grant of M.L., the State Government has given
weightage to logical end use of the Lime Stone for production of Cement in the interest of Public at large. Hence I do not consider the cases of applicants mentioned in para 2(c) and 2(D) of Observations for grant of M.L. to them.
7.In view of above I pass the following Order in the matter:-
1.Ordcr U/s. 11(2) of the MMDR Act, 1957, I grant Mining Lease for Lime Stone to M/s.Reliance Cementation Pvt.Ltd., Navi Murrbai over an area of 1008.33 H/R situated at Mauze Chanakha, Nimdeli, Gubri and Karegaon, Taluka Kelapur, District Yeotmal as indicated in the MAP (Annexure 'B') appended herewith.
2. M/s. AAA Traders which was merged with M/s.Reliane Cementation Pvt.Ltd. was earlier granted M.L. in Yeotmal Dist. With the grant of this M.L. over 1008.33 H/R, the total area exceeds 10 sq.kms. Since prior approval of Govt. of India is required the State Govt. recommends permission for prior approval under Rule 6 Sector 2(b) of MMDR Act.
NOC's from the Central Govt., State Govt and Lc^al Authorities where necessary be obtained by the applicant.
Place : Mumbai (Ashok Chavan)
Date 25/08/2009 Chief Minister of
UNQUOTE
VJAS has urged lokauktta to look in to all aspects of givng order to M/s.Reliance Cementation Pvt.Ltd., Navi Murrbai as giving mining lease of 1000 hector land where as requirement of land has to be viewed seriously and amount of lease to be recovered from the M/s.Reliance Cementation Pvt.Ltd., Navi Murrbai is almost free hence reasons given for rejection of other parties are not convincing more over the decision before the election is creating lot scope for smelling the corruption as this chief minister has granted lot lease in such manner which are also matte of investigation ,tiwari added.
“we want all farmers and tribals should updated regarding environmental impact damage to the forest as public hearing were not conducted before such serious decision are taken .we welcome the industries but not at the cost of agriculture and with such massive deep rooted corruption and mega land scam in the name of development” Tiwari said.
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