As mining is increasingly becoming the most controversial issue in the country, the Supreme Court in order to stem the resentment among people against the mega projects, has asked the Union and state governments to follow various Central and state legislations on acquisition of land and regulating mining strictly.
Since various Central and state laws take care of both — sovereign right to acquire land and largest public good — any contract with the multinational companies and even with public sector undertakings should have inbuilt mechanism for providing schools, hospitals and other facilities like roads to local populace under new era of public-private partnership (PPP).
“There is the involvement of human factor as most of the mineral wealth in India is not under uninhabited wasteland, it lies mostly under dense forests and areas inhabited by people who can claim to be the oldest dwellers of this ancient country,” a bench of Justices Aftab Alam and B.S. Chauhan said. As multinationals companies and PSUs are either in the race for exploitation of the precious minerals, or partners under in the PPP, the Union and state governments should ensure that various legislations passed by Parliament or the state Assemblies are followed in letter and spirit.
In this regard, the court referred to Mines and Minerals (Development and Regulation) Act, 1957, Indian Forest Act, 1927, Forest Conservation Act, 1980, Land Acquisition Act, 1894, Coal Bearing Areas (Acquisition and Development) Act, 1957 and several state laws restricting and regulating trade of the forest produce. These laws though gave right to the government to acquire land for any public purpose on payment of compensation to the landowners at prevalent market rates, but they “are based on twin sound principles — eminent domain of sovereign right and largest good of the largest number of people.”