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Hazaribag villagers defy mines act to dig up coal

18 Nov 2013

The day when rest of Jharkhand was celebrating Foundation Day on November 15, a group of activists from across the country congregated at Aarahara village under Barkagaon block in Hazaribag district to defy the half-century-old Mines and Minerals Act, 1957, and extract coal privately from a private plot.
 
The villagers not just informed the administration about their effort to extract coal from the private land but also organized an open auction and symbolically distributed the money generated among stakeholders, which is going to form the basis for future coal transactions.
 
Thousands of villagers, under the leadership of activists of Aazadi Bachao Andolan and leading socialist leaders of the Sarvodaya movement, held an open meeting in Barkagaon to discuss the modalities. They then headed for a 20 decimal private plot owned by one Dhaneshwar Mahato where coal seam was visible in the sub-soil.
 
Radha Bhatta, President Akhil Bharatiya Sarvodaya Mandal, was the first to break the ground and dig out coal which was followed by other activists and villagers and soon around one tone of coal was excavated. The coal so obtained by thrown for open bidding which started from Rs 1,000 and the hammer finally went down at Rs 2,500.
 
The gram sabha, which according to villagers were their local government, was paid Rs 300 as cess whereas Rs 1,100 each was given to the owner of the plot and labourers engaged in the excavation work.
 
Jharkhand convener of Azadi Bachao Andolan Mithlesh Dangi said in the past 65 years, the government has been fooling the poor and the 'raiyats' in the name of claiming that subsoil and minerals are government property.
 
"This notion was clarified by the Supreme Court interpretation in case T Jacob Vs the state of Kerala bearing number Civil 4549/2000 in which the three member bench of the apex court comprising justice RN Lodha, justice MD Lokur and justice Thelmeshwar on July 8, earlier this year confirmed that the owner of the plot has right over the subsoil and minerals as well.
 
"The 40 page judgment is landmark and gave us the necessary support to fight for our rights," he said clarifying that they are ready to pay royalty to the government as well at the rate of Rs.180 per tone and 5% pit value.
 
While a similar movement has also been spearheaded in Raigarh Chhatisgarh by the activists, RP Shahi, industrialist turned activist said that they have also got a coal producing company registered with the government. "In case there was any objection to the sale of coal by individual raiyat we wouldhave engaged the company of private people to do business formalities," he said.
 
Source: ToI