The Supreme Court on Wednesday allowed the Centre a day’s time to place on record materials to satisfy that the environment would not be adversely impacted due to commercial mining.

The bench, headed by Chief Justice of India S.A. Bobde, was hearing a plea filed by the Jharkhand government under Article 131 of the Constitution challenging the coal ministry’s decision to auction coal blocks in the state for commercial mining.

The plea claimed that there is a need for a fair assessment of the social and environmental impact of commercial mining “on the huge ‘tribal population’ and vast tracts of ‘forest lands’ of the state and its residents which are likely to be adversely affected”.

Before filing the present suit (in July), the state government had filed a writ petition challenging the Centre’s move for a virtual auction of 41 coal blocks (of which nine are in Jharkhand) in the country for commercial mining.

On Wednesday, the bench, also comprising Justices A.S. Bopanna and V. Ramasubramanian, said it was in favour of appointing an expert committee to submit a report analysing the environmental impact due to mining in the coal blocks near eco-sensitive regions in Jharkhand within a month’s time. The bench then orally proposed to stay the auction of coal blocks scheduled on November 9 and 11 till the committee submits the report.

However, attorney-general K.K. Venugopal, appearing for the Centre, objected to the proposal and said that the stay on the auction will affect the plans of the Union government to revive industrial production across the country.

“The whole issue of looking at forest is wrong. We don’t want to stop the development of the country but will not lead to erosion of the natural resources. You attach economic value to timber but not the forest. The distance of 70, 79 or 20km is dangerously close. Isn’t it?” Justice Bobde asked after the attorney-general submitted that the mining is proposed only at places 20-25km away from the eco-sensitive zones.

“We intend to pass orders that any proposed mining block near the 50-kilometre radius of the eco-sensitive zone in Jharkhand will not be allowed to be e-auctioned,” the bench told Vengugopal.

It said that the court is not at all sure about the intention of Jharkhand but “we only want to ensure that the forests are not destroyed”.

Senior advocate Abhishek Manu Singhvi said the state has filed an affidavit to explain that the elephant corridor and all animal corridors are within 20km in all the seven cases where commercial coal mining will be carried out. Distance from the economically sensitive zone of elephant corridor is within 19km, he said.

“If the commercial mining is allowed then how will the court make it irreversible? The core area and buffer area is both important,” he asked.

The court however, pointed out that even chief minister Hemant Soren had shown interest initially in the mining.

“Dr Singhvi, when we look at environmental factor, it will also curtail your power under the Chhota Nagpur Act. The chief minister looks very enthusiastic from the letter about mining,” Justice Bobde remarked.

Venugopal sought a day’s time to place on record material which will “avoid the long-drawn process of a committee report”.

The apex court accepted Venugopal’s request and adjourned the matter till Friday, the next date of hearing.

Soren had said in July that it was highly inappropriate for the Centre to conduct an auction during the Covid-19 pandemic “as all the machinery of the state and the Centre are to be enjoined to alleviate the problems of citizens”.

The chief minister had also raised apprehension about large-scale displacement and consequential rehabilitation and resettlement issues as most of the coal blocks put up for auction fall in tribal-dominated areas.

Soren had alleged that the Centre’s action was in violation of the environmental norms and will cause irreparable damage to the environment, forests and land areas.

The state government also 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 and elephant corridors.