Documents reveal that the Chhattisgarh company was granted LoI on June 5, 2018, by the state government for two years, with an option to extend it by a maximum of three years.
“The total period for which this LoI would remain valid is five years from the date of issuance, and must not exceed more than five years,” says the LoI. However, reply to the RTI query reveals that it has been more than five years since the LoI of Shanti Ispat expired.
As per the Mineral (Auction) Rules, 2015, the holder of the LoI shall comply with all the requirements to execute the mining lease within the period referred to in sub-rule (6A), failing which, the LoI shall be revoked, and the bid security or the performance security, as the case may be, and any instalment of upfront payment paid shall be forfeited. It also says the preferred or successful bidder may be debarred by the state government from participating in future auction of mineral blocks conducted under the provisions of these rules, for three years from the date of such debarment — provided that on receipt of an application from the holder of the LoI, the state may extend the period for execution of the lease deed by a further period not exceeding 15 days, on satisfaction that such delay is entirely for the reasons beyond the control of the LoI holder.
Even as the LoI had expired, the forest department did not cross-check the facts before granting forest clearances in a hurry. Another piece of RTI information revealed that the proposal was put in motion in 2019. A site inspection report by then CCF P Kalyan Kumar on September 29, 2020 did not recommend the project.
Kumar was cautious in saying, “The proposed mining area is home to many Schedule I species, and thus is vital from a wildlife point of view. The project will affect corridor connectivity.”
RTI information shows the CCF was cautious and never said ‘yes’ to the project like former Pench ACF who, in his site inspection report submitted on December 18, 2021, recommended the project with mitigation measures. RTI papers also show that other senior forest officials were cautious by saying that a technical report from Wildlife Institute of India (WII) should be sought before recommending the project.
City-based NGO Swacch Association has already filed a PIL in the Nagpur bench of Bombay high court challenging forest and wildlife clearances to the mining project that will lead to felling of at least two lakh trees. It is also not mentioned in the RTI reply as to how the trees required to be felled was arrived at 35,703.
