IREL Beach Sand Mining in Brahmagiri, Puri will create ecological disaster

By Bijay Mishra
Bhubaneshwar, 22-7-23
 
Hundreds of locals and environmentalists of Odisha have expressed concern over adverse environmental impact of proposed Indian Rare Earths Limited (IREL) project in relation to its Beach Sand Mineral Project in Brahmagiri Tahasil, Puri District, Odisha through Mine Developer and Operator (MDO).
   
On 06.07.2024, IREL floated an e-tender inviting reputed and experience contractors for “Rate Contract Bid for Development & Operation of Mineral Sands Mine at Brahmagiri” Tahasil for a period of 20 years with provision of further extension for a period of 5 years.
 
Writing a letter to concerned authorities noted environmentalist Bijay Parida, President, Jana Adhikar Parisada & Journalist Bijay Mishra submitted that, the objective and scope of work stipulated under Impugned Tender is in violation of Section 5 and Section 11[B] of the Mines and Minerals (Development and Regulation) Act, 1957(MMDR Act), and the rules framed thereunder, which mandate prior approvals and clearances before issuing any tender for mining activities. Section 5 of the MMDR Act, outlines the restrictions on the grant of mining Lease.
 
The present tender is floated by IREL after cancellation of the earlier tender dated 11.01.2024, since no participants turned up for participating in the bid process. Further, the present tender was floated in complete violation of law and more specifically the environmental norms. 
 
IREL could not have issued the tender without having environment clearance from the Union Ministry of Environment, Forest and Climate Change (MOEF&CC) and NOC from the Inland Water Ways Authority of India. On the contrary, it is shocking to note that all these responsibilities of obtaining clearances have been bestowed upon the MDO, which itself negates the fundamental principle of environmental law and also-contrary to the interest of public at large. 
 
When the Parliament through laws have laid down the modus operandi through which the process of a particular mining operation is required to be auctioned and allocated, taking deviation from the same, would result in tremendous violation of environmental norms and the Constitution of India. It is the people of Puri District and Brahmagiri tehsil which are going to be affected directly by the same. 
 
When it was incumbent upon IREL to carry out the condition precedent before floating the tender, it for sure failed to perform its statutory obligations and floated the tender without having any regard to the people of Puri District, the local inhabitants and also the highly sensitive ecological scenario prevalent at the site. 
 
What seems to be more alarming that the coordinates provided under the tender is a location which is only 10 kms away from Puri and around 12.4 kms from Baliharchandi Olive Ridley Turtles Nesting Beach. IREL being a Government of India undertaking has completely ignored these glaring issues and floated the tender which is illegal and made without any vison. 
 
Apart from the ecological challenges and threats, Puri is a tourist destination which attracts tourist and pilgrims from all over the globe. During the recent Rath Yatra festival, it was recorded to have more than 15 lacs pilgrims influx to Puri. Apart from the annual Rath Yatra festival, due to Lord Jagannath Temple being situated in Puri, there are pilgrims and tourists throughout the year. The proximity of the prospective heavy mining operation in the coastal stretch between Puri and Brahmagiri would have tremendous effect on the egress and out-gress of tourist to Puri. The proposed mining operation over an area of 3600 acrs. would substantively increases the traffic of vehicles between Bhubaneshwar and Brahmagiri via Puri, which shall be a hindrance to the traffic between Bhubaneshwar and Puri.
 
In view of the fact that no mining activity has been carried out in this area till date, it is demanded that the tender should be quashed because no Environmental Impact Assessment (EIA) or Environmental Management Plan (EMP) have been conducted in this area yet as required by the EIA Notification, 2006 and Environment Protection Act 1986.
 
In the petition to the Govt, Mr. Mishra andMr. Parida submitted that, the distance of Chilika lake (which is an important ecologically sensitive wetland) from the proposed Brahmagiri beach sand mining block is merely 35 KM. This is the first ever mining project proposed to be carried out in the said area on such a large scale. Brahamagiri Mine is situated in an environmentally sensitive zone amidst forest and coastline. The distance of Chilika lake, which is an important ecologically sensitive wetland, from the proposed Brahmagiribeach sand mining block is merely 35 KM. Apart from the ecologically diversity in an around Chilika area, it is also home to migratory birds during winter. Chilika is home to over 323 aquatic species, which include the endanger Irrawaddy Dolphins and Olive Ridley Turtles and more. The change of surrounding as well as the terrain might prove to be unviable for habitation for the migratory birds. There is also neither any study conducted nor proposed to be conducted with regard to the impact the mining activity will have on marine life as well as the fishermen in an around the site. since, Chilika lake itself is a source of livelihood for more than 2 lacs fishers supporting 132 villages that live around its shores.
 
The Activists submitted that the Government must anticipate and prevent the mining to start by applying the precautionary principle which is well ingrained in the environment jurisprudence of this country following multiple judgments of the Hon’ble Supreme Court and Hon’ble High Courts.
 
To ensure sustainable development by creating a balance between development and environment, the Authority cannot leave sight of such flagrant violations which are physically visible by a mere perusal of the tender document. The policy measures of the Government of India cannot be left to search ecologically insensitive plannings which of course amounts to a breach of trust vested in its office by the Constitution of India.