Lok Sabha Question No. 1790 (UNSTARRED), answered on 2020-09-21
Subject: Re-grassing of Mined Out Areas
Ministry: MINES
Asked by: Jagdambika Pal

## GOVERNMENT OF INDIA MINISTRY OF MINES

## LOK SABHA

## UNSTARRED QUESTION NO- 1790 ANSWERED ON 21.09.2020

## RE-GRASSING OF MINED OUT AREAS

## 1790. SHRI JAGDAMBIKA PAL:

Will the Minister of MINES be pleased to state:

- (a) whether the Supreme Court has made re-grassing of mined out areas compulsory and if so, the details thereof;
- (b)  the  steps  being  taken  by  the  Government  to  implement  the  direction  of  the  Supreme Court;
- (c) the steps being taken by the Government to ensure that miners adhere to re-grassing of mined  out  areas,  including  penalties  and  punishments  for  failure  to  comply  with  the requirements and the details thereof;
- (d)  whether  the  Government  has  any  similar  plans  or  taken  any  steps  for  areas  mined  out underlying  the  ocean  within  the  territorial  waters  or  the  continental  shelf  or  the  exclusive economic zone and other maritime zones of India and if so, the details thereof; and
- (e) if not, whether the Government has commissioned any research regarding the possibility of the 're-grassing' of mined out areas underlying oceans and if so, the details thereof?

## ANSWER

## THE MINISTER OF MINES, COAL AND PARLIAMENTARY AFFAIRS (SHRI PRALHAD JOSHI)

- (a) Yes, Sir. Hon'ble Supreme Court in the matter of WP(C) No. 114/2014- Common Cause Vs. Union of India vide its judgment dated 08.01.2020  has directed Government of India to impose a condition in the mining lease and a similar condition in the environmental clearance and the  mining  plan  to  the  effect  that  the  mining  lease  holders  shall,  after  ceasing  mining operations, undertake re-grassing the mining area and any other area which may have been disturbed due to their mining activities and restore the land to a  condition  which is  fit  for growth of folder, flora, fauna etc.
- (b) The Ministry of Mines in compliance of the direction of Hon'ble Supreme Court issued direction under Section 20A of the Mines and Minerals (Development and Regualtion) Act, 1957  to  all  State  Governments  including  Ministry  of  Environment,  Forest  and  Climate Change  and  Indian  Bureau  of  Mines  (A  Subordinate  Office  of  Ministry  of  Mines)  for  its compliance through Order No. 11/2/2020-M.VI dated 14.01.2020.
- (c)  Rule  23  to  27  of  Mineral  Conservation  Development  Rules  (MCDR),  2017  emphasize upon  the  responsibility  of  every  lease  holder  to  ensure  protective  measures  including Reclamation  and  Rehabilitation  (R&R)  as  per  approved  Mine  Closure  Plan.  The  R&R measure proposals are approved as a part of mining plan and financial assurance is furnished for  proposed  mined  out  area  at  prescribed  rates.  The  financial  assurance  furnished  can  be forfeited, in case of non-compliance of the approved R&R proposals including re-grassing. Further,  rule  62  of  MCDR,  2017  prescribes  penalty  provisions  for  contravening  the provisions of the said rules.
- (d) No, Sir. As per information available with Government of India there is no such plan.
- (e) Does not arise in view of (d) above.