Shillong: The Central Empowered Committee (CEC), constituted by the Supreme Court of India, has recommended an Environmental Impact Assessment (EIA) study of the ecologically sensitive limestone mining area at Umrangshu in Dima Hasao district along Assam and Meghalaya border.
This follows concerns raised by the Meghalaya government regarding the potential environmental impact of mining activities proposed by the Assam government, particularly near the Krem Labit Caves and the Ka Krem Labit Umkyrpong Community Reserve.
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The recommendation comes in response to Application No. 1575 of 2024 filed by Dalmia Cement (North East) Ltd. before the CEC, which initially sought clarification on the forest status of its limestone mine in New Umrangshu in Assam’s Dima Hasao district and a refund of Rs. 56.85 crore paid for forest clearance.
However, the issue escalated when Meghalaya’s Chief Secretary, in a letter dated April 9, 2024, highlighted the proximity of Assam’s proposed mining blocks to the Krem Labit Caves, located just 220 meters from one of the seven limestone blocks identified in Assam’s Notice Inviting Tender (NIT) dated December 22, 2023.
Meghalaya’s Principal Chief Conservator of Forests & Head of Forest Force (PCCF & HoFF) urged the CEC during a meeting on July 12, 2024, to mandate a comprehensive EIA study covering the entire area, irrespective of the political boundaries between Assam and Meghalaya.
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The Meghalaya government emphasized the need to protect the Krem Labit Caves—part of Asia’s longest natural cave network—and the surrounding ecosystem, including the Kopili River, which forms a natural border between the two states and is prone to flooding and landslides.
The CEC’s report, finalized after extensive consultations, site visits, and a drone-assisted survey conducted with IIT Guwahati, concluded that while most of the seven mining blocks at Umrangshu in Dima Hasao district are non-forest land, a small 14.53-hectare patch qualifies as forest under Assam’s regulatory framework.
This patch, straddling the North Boro Hundong (A) and (B) blocks, necessitates either preservation or Central Government approval under the Forest (Conservation) Act, 1980, before mining can commence.
Addressing Meghalaya’s concerns, the CEC acknowledged the ecological sensitivity of the area, particularly the potential impact of mining on the Kopili River and the Krem Labit Caves.
While rejecting Dalmia Cement’s refund plea—citing insufficient evidence to reclassify its mine as non-forest land—the CEC advised the Assam government to commission an additional ecological study by a reputed institute.
“The Government of Assam is advised that an additional study of the area from angle of overall ecology of the area may be conducted by any reputed institute to study the effect of such mining on the ecology of the local areas as well as the surrounding areas including the Krem Labit caves, as an abundant precaution,” the CEC report read.
This study would assess the broader impact of mining on local and surrounding areas, including the caves, as a precautionary measure.
The CEC also noted that existing Environmental Clearance (EC) processes are sufficient to address environmental concerns but stressed adherence to guidelines from the Ministry of Environment, Forest and Climate Change (MoEFCC) and courts and green tribunals’ directives.
Meghalaya government cited a Supreme Court order from February 14, 2024, suggesting a 1-km no-mining buffer around community reserves, though a later ruling on October 24, 2024, left such restrictions to case-specific guidelines by the Central Government.
The CEC, however, refused to halt mining operations. Instead, it permitted the Assam government to proceed with the auction of mining leases, suggesting only that ecological safeguards be ensured through necessary measures.
Additionally, it recommended that the Meghalaya government resolve the issue through discussions with the Assam government.
“The CEC does appreciate the concerns of officials of Meghalaya, but is of the view that these can be resolved by discussing the issues with their counterparts in the Government of Assam. Moreover, it can’t be doubted, as of now, that the Government of Assam will not follow the extant guidelines of the Ministry of Environment, Forest and Climate Change for industrial activities in close proximity to any river,” the CEC report stated.
CEC Report Contradicts Supreme Court Mining Ban Order!
Environmental activists said that the CEC report specifically paragraphs 43 to 45, contradicts the Supreme Court’s order of April 28, 2023.
“This order mandates a mining ban extending to 1 kilometer from the boundary of a Protected Area, even when the notified Eco-Sensitive Zone (ESZ) is less than 1 kilometer. If the ESZ exceeds 1 kilometer, the mining ban applies to the full extent of the ESZ.
“Therefore, the Meghalaya Government’s argument is valid, as the proposed mining site is only 226 meters from the Community Reserve, which is a Protected Area under Section 2(24) of the Wildlife Protection Act,” said an environmental activist requesting anonymity.
“For National Parks and Sanctuaries, a default ESZ of 10 kilometers radius applies when no ESZ is officially notified. Within any established ESZ, whether notified or default, mining is completely prohibited.
“While other activities, such as hotels (regulated) and eco-tourism (allowed), may occur within an ESZ, the Supreme Court was asked if general ESZ guidelines, similar to those for National Parks and Sanctuaries (specifically regarding the 10-kilometer radius), could be established for Community Reserves. The Court ruled that blanket norms are not feasible for Community Reserves and that each case must be decided individually,” he said.
“However, the Supreme Court addressed the scenario of a zero or sub-1-kilometer notified ESZ. Their clarification on April 28, 2023, confirmed that for any Protected Area, including Community Reserves, the mining ban extends to 1 kilometer from the boundary, regardless of the notified ESZ’s size,” the activist said.
“Given that a Community Reserve is a Protected Area, the Meghalaya Government’s concerns are justified. The Supreme Court did not relax the 1-kilometer mining ban; it only addressed the flexibility of ESZ determination,” he added.