The approval by the Ministry of Environment, Forest and Climate Change to Star Cement, one of the largest cement manufacturing firms in Northeast India, for the expansion of limestone mining in 42.051 hectares of land in Brishyrnot village in East Jaintia Hills has sparked significant controversy in the state. As per the approval letter, the project falls under Category A of the Environment Impact Assessment Notification, 2006, and Star Cement Limited will use Brishyrnot mine to produce limestone using the open cast fully mechanised method. Local organisations, such as Khasi Students Union (KSU), Jaintia Students Union (JSU) and Hynniewtrep Integrated Territorial Organisation, contend that the expansion poses a grave environmental threat to nearby areas, such as the Lukha river and Narpuh Wildlife Sanctuary, more so as the proposed project boundary is only 0.25 kilometres from the ecosensitive zone of the sanctuary. The organisations also point out the negative impact of mining on the 17 villages around the mining site. Both KSU and JSU consider the environment clearance unlawful, claiming that it bypasses several prescribed environmental protocols. As per the EIA regulations, public consultation with local affected people is necessary for the approval process for a Category A project. In this case, however, three attempted public hearings failed due to strong opposition by the local people. In November 2020, a public hearing had to be cancelled midway because of agitation, which resulted in injuries to seven police personnel. The controversy has also pitted the local organisations against the ruling state government. While Chief Minister Conrad K. Sangma has dismissed any involvement of his government in the clearance issued by the environment ministry, the JSU alleges that the Meghalaya State Pollution Control Board had recommended the approval to Star Cement, which led to the final nod from the ministry. Criticising Sangma for distancing his government from the issue, JSU General Secretary Treiborlang R. Suchen was quoted as saying that the JSU will not allow this forceful act of the government that goes against the land tenure system in Jaintia Hills as provisioned under the Sixth Schedule. Interestingly, the residents of Brishyrnot village have reportedly given a No Objection Certificate to Star Cements proposed mining expansion plan, claiming that manufacturing operations would open up development opportunities for the village and its nearby areas. The JSU, however, has questioned the NOC, claiming it has been acquired from the villagers arbitrarily without proper involvement of the Jaintia Hills Autonomous District Council and in the absence of a successful public hearing. The JSU has lodged two complaints with the National Green Tribunal (NGT) and the environment ministry, demanding a reversal of the clearance given to Star Cement. Meanwhile, an online petition against the clearance has so far garnered over 1,500 signatures. Wallam Nongsiej, vice president of KSU Delhi Branch, told LCW that the organisations are waiting for a reply from the environmental ministry before taking up the issue further. Questioning the decision to conduct a public hearing at the East Jaintia district commissioners office located far from the mining site, he expressed doubts about the authenticity of the NOC obtained from Brishyrnot village. About 280 villagers have supposedly given the NOC. But who are these 280 people? When we go and talk to the people, many deny giving any such clearance, he told LCW. Amidst severe opposition, state Forest and Environment Minister James Sangma told the media that it is the prerogative of the Union ministry to grant environmental clearance for a mining project as the matter falls beyond the purview of the state government. We understand our responsibility in terms of trying to preserve the delicate ecological balance in our state but at the same time, we have to follow necessary rules and laws and that is what we have done in terms of the environmental clearance granted to Star Cement, Sangma was quoted as saying in news reports.
Demand/Contention of the Affected Community
Other Demand/Contention of the Affected Community
Demand to revoke the environment clearance
Region Classification
Rural
Type of Land
Common
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
16
Type of investment:
Cost of Project
Year of Estimation
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Forest and Scheduled Area Governance Laws, Environmental Laws
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Violation of environmental laws
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Physical attack
Whether criminal law was used against protestors:
Reported Details of the Violation:
Agitation during a public hearing reportedly injured seven police personnel.
Date of Violation
November 21, 2020
Location of Violation
East Jaintia Hills district
Government Departments Involved in the Conflict:
Ministry of Environment, Forest and Climate Change; Meghalaya State Pollution Control Board; Office of The Deputy Commissioner - East Jaintia Hills District
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
No
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Star Cement Limited
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Chief Minister Conrad K. Sangma
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Sarup is a researcher and doctoral student in Political Science at the North-Eastern Hill University, Shillong. His research interests lie in the area of ethnic and land conflicts, political ecology and development and urban spaces of Northeast India. He has a Masters’ degree in Development Studies from the Indian Institute of Technology, Guwahati. He has previously done research/internships with NABARD, Oxford Microfinance Initiative (renamed Oxford Development Consultancy) and CSDS (Lokniti Programme).
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