In Depth CBI registers FIR against Jayanthi Natarajan former Environment Minister

In Depth CBI registers FIR against Jayanthi Natarajan former Environment Minister
The Central Bureau of Investigation on September 9 conducted searches at the Chennai premises of former Union Environment Minister Jayanthi Natarajan in connection with alleged irregularities in the approval to a proposal for leasing of 56-hectare forest land to a private firm for mining of iron and manganese ores in Jharkhand’s Singhbhum district.

The CBI has registered its FIR against Natarajan, Umang Kejriwal, the then managing director of Electrosteel Casting Limited, and the company besides other unidentified persons.

The case pertains to clearance given for diversion of forest land in Saranda Forest, Singhbhum District in Jharkhand to mining company Electrosteel in alleged violation of Forest (Conservation Act) in 2012.

The permission was rejected by the Minister of State for Environment Jairam Ramesh but when Natarajan took the post, she allegedly cleared it.

The case is based on the findings of a preliminary enquiry into the allegations that during 2005, unknown officials of the Jharkhand government had recommended the proposal by Electrosteel Casting Limited for leasing of 192.5-hectare land at Saranda Forest in Singhbhum.

A preliminary Enquiry PE-13[a]2014 was registered in ACU-V/CBI New Delhi on the allegation that during 2005 unknown officials of the government of Jharkhand recommended a proposal of M/S Electrosteel Casting Limited [ M/S ECL] to Ministry of Environment and Forest, Govt. of India for leasing 192.50 Hectares of land for the mining of Iron and Manganese ores in Saranda Forest, Singhbhum District, Jharkhand in violation of Section 2[3] of the forest conservation act, 1980.
Unknown officials of the Ministry of Environment and Forest, Govt. of India [ MOEF] approved the same proposal on 4-2-2012 in violation of existing mining laws, environmental laws and the directions of the Supreme court of India.

Preliminary Enquiry revealed that –
A memorandum of understanding was signed on 19-5-2004 by M/S ECL with Govt. of Jharkhand for setting up a plant for production of one Million Ton Per Annum of steel in Jharkhand. This MOU was modified on 9-1-2007 and the modification included change in the production capacity to Three Million Ton Per Annum of steel.

On the proposal of M/S ECL Govt. of Jharkhand vide its letter dated 25-1-2006 requested the Ministry of Mines, Government of India for prior approval u/s5[1] of the Mines and Minerals development and regulation act 1957 for grant of lease of 192.50 hectares of land in favour of M/S ECL for the mining of Iron and manganese ores. The Ministry of Mines vide letter, dated
1-6-2006 communicated to the govt. of Jharkhand that before allowing grant of mining lease, the state govt. may ensure the compliance of the amended provisions of the act and rules, including forest conservation act 1980 and Environmental Notification dated 27-1-1994 as issued and amended by MOEF.

Under section 4 of Forest conservation act, the Central government had made Forest conservation rules 2003, under the said rules, rule 6 provided the procedure for seeking approval of Central Government. Rule 7 provided that central government shall refer every proposal to the Forest Advisory committee FAC for its advice and Rule 8 provided that the Central Government shall after considering the Advice of FAC tendered under rule 7 and after further enquiry as it may consider necessary, grant approval to the proposal with or without condition or reject the same within 60 days of receipt of the proposal

During August 2006 while hearing Writ Petition No. 202 of 1995, T N Godavarman Thirumulpad Vs Union of India and others, the SC of India had inter alia observed that all proposals for grant of FC Act clearances and Temporary work permits in respect of the mining leases shall be placed before the FAC.  In case the MOEF disagrees with the recommendation of the FAC it shall record its reasons in writing and communicate the same to FAC, and the FAC may after considering such reasons pass such further orders as it thinks fit, provided that where the Government still disagrees with the order passed by FAC it shall seek appropriate directions from the SC of India.

On 17-4-2008 the state government of Jharkhand forwarded the proposal submitted by M/S ECL for approval of diversion of 55.79 hectares of forest land for non-forestry use out of the total area of 192.50 hectares of land with its recommendation to MOEF for grant of approval as required under the forest conservation act 1980.

The said proposal of M/S ECL was processed in the MOEF. This proposal was placed before FAC on 11-6-2008. The FAC after examining the proposal, desired certain information from the state government on the study report on impact of mining activities on the flora and fauna, map of Saranda Forest division with all the existing mines and the location of the proposed mine and compensatory afforestation scheme with all details.

The proposal was again placed before FAC on 10-10-2008 along with the sough details. The FAC after discussing the proposal in detail rejected the proposal by observing that the proposed mining area was part of core zone of Singhbhum Elephant Reserve and critical to wildlife conservation. The committee also sought details report on the present status of all four mines located in the core zone of Singhbhum Elephant Reserve. This decision of FAC was communicated to the state government of Jharkhand vide letter dated 5-11-2008 of the MOEF.

Vide letter dated 27-5-2009 M/S ECL again submitted a representation to the state government of Jharkhand requesting to recommend its Forest Diversion proposal again to the MOEF.
Vide letter dated 10-3-2009 the state government of Jharkhand forwarded the representation along with enclosures received from M/S ECL for further action to the MOEF. There after the proposal of ECL was listed for FAC meeting to be held on 20-8-2009 but was not taken on board by FAC and the proposal was returned to the MOEF.
Then the matter was submitted to the then Minister of state MOEF on 22-4-2010 by the then Inspector General of Forest,  In respect of the request of the state govt. of Jharkhand, dated 19-9-2009 for reconsideration of the proposal of ECL , Shri Jairam Ramest the then Minister of state MOEF observed on 23-4-2010 that there was no need of reconsideration if it is in or part of Core Zone of the Singhbhum Elephant Reserve and also noted that all previous approvals for mines in the Core Zone should be cancelled.

Vide letter dated 13-7-2010 addressed to the Primie Minister of India M/S ECL submitted a representation for consideration of its proposal of Forest Diversion. This representation of ECL was forwarded vide letter dated 10-8-2010 of the then Principal Secretary to the Prime Minister, to the secretary MOEF for its consideration and appropriate action

Thereafter the proposal of ECL was again placed before FAC on 10-9-2010 and the FAC again recommended for rejection of the proposal on the ground that status of all mines located in the core of Singhbhum Elephant Reserve was still awaited and no new facts have been brought to the notice of FAC.

Vide letter dated 21-12-2010 Director Forestry Environment and Forest Division Planning Commission sought facts of rejection of proposal by the FAC from MOEF.

The Ministry vide letter dated 20-1-2011 and with the approval of the then Minister of state informed the Planning Commission about the facts of rejection of the Proposal of ECL by the FAC twice.

Smt. Jayanthi Natrajan took over as Minister of state MOEF on 13-7-2011.
Vide letter dated 30-7-2011 the then Chief Minister of Jharkhand requested that considering the development of the steel plant in most under developed region, the issue of forest clearance may be looked into pragmatically.

On 26-8-2011 the file was marked to Smt. Jayanthi Natrajan by DGG and SS.
When the matter was with Smt. Natrajan the then Minister of state Moef, Sh. Umang Kejriwal the Managing Director of ECL met Smt. Jayanthi Natrajan, the then Minister of State MOEF in September 2011 to present their proposal. After this meeting, Smt. Jayanthi Natrajan, vide her noting dated 5-10-2011 asked whether any recommendation or report has been received from the state government regarding other mines located in the core of Singhbhum Elephant Reserve.
On this a reminder letter dated 20-10-2011 was sent to the State government of Jharkhand seeking detailed report regarding present status of other four mines located in the core area of Singhbhum Elephant Reserve.

On receipt of the desired information from the state government on 28-12-2-11 the matter was again submitted for consideration before Smt. Jayanthi Natrajan the then Minister of state MOEF. While submitting the file to the said Minister, the then Director General of Forest and special secretary had advised to refer it back to FAC. On this Smt. Jayanthi Natrajan as the then Minister of state MOEF vide a detailed order dated4-2-2-2012 accorded the approval for diversion of 55.79 hectares of forest land as detailed in the proposal sent by the Jharkhand Government.

Thus Smt. Jayanthi Natrajan the then Minister of state MOEF accorded the approval for diversion of 55.79 hectares of forest land for non-forestry use to M/S ECL though the same had been rejected by the earlier Minister of state without any change in the circumstances after rejection. Besides this approval had been accorded without adhering to the advice of DGG and SS and against the directions of Supreme Court of India in this regard.

The aforesaid facts reveal criminal conspiracy between Smt. Jayanthi Natrajan, the then Minister of MOEF, sh. Umang Kejriwal Managing Director of M/S ECL and others and abuse of official position by Smt. Jayanthi Natrajan.

These acts of omissions and commissions constitute offences punishable u/s 120 B IPC r/w section 12[2] r/w 13[1][d] of the PC act 1988 on the part of Smt. Jayanthi Natrajan the then Minister of state MOEF, Sh. Umang Kejriwal the then MD of M/S Electrosteel Casting Limited and M/S Electorsteel Casting Limited having registered office at Rathod Colony, Ragangpur , District Sundergarh, Orissa – 770017 and its regional office in Jharkhand at Flat no. 801 Uma Shanti Building Kanke Road Rachi 834008 and other unknown personas.

The former Congress leader, who resigned from the party in 2015, allegedly went out of the way to approve a proposal that was rejected by her predecessor, Jairam Ramesh, as well as the Forest Advisory Committee (FAC).

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Sunday, September 10, 2017

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