The Jharkhand Mukti Morcha government has filed an original suit pursuant to Article 131 of the Constitution , which provides for the State to move directly to the Supreme Court in cases of dispute with the Centre.
The move came weeks after the Jharkhand Government filed a separate petition in the apex court challenging the Center ‘s action for a virtual auction of 41 coal blocks for commercial mining.
In its suit, the state has claimed that it is “highly inappropriate” for the Centre to conduct an auction at this time of COVID-19 pandemic as all the machinery of the state and the Centre are to be enjoined to “alleviate the problems of citizens” caused due to the deadly virus.
It claimed that the suit had been filed to “assail unilateral, high-handed, arbitrary and illegal actions” by the Center to launch an auction of commercial coal mining for nine blocks of coal within the territory of Jharkhand.
“The defendant (Centre) unilaterally announced the contested auction without consulting the applicant (Jharkhand).
The plaintiff state is the owner of the mines and minerals on the plaintiff’s territory, “said Tapesh Singh, a lawyer, including Jharkhand ‘s Deputy Advocate General.
“The meetings of February 2020 are meaningless as they do not take into account the materially changed circumstance arising out of the COVID-19 pandemic. Renewed consultation with the plaintiff state was indeed required due to COVID-19 pandemic which has brought the nation and the entire globe to a standstill, in a manner never seen before,” it said.
Referring to the alleged meetings or consultations held on 5 February and 23 February, the suit claimed that the Center did not consider the objections raised by the State.
Referring to the Fifth Schedule of the Constitution, which deals with the administration and control of Scheduled Areas and Scheduled Tribes, it was stated that six of the nine coal blocks in Jharkhand Chakla, Chitarpur, North Dhadu, Rajhara North, Seregarha and Urma Paharitola — which have been put up for auction — are part of Schedule Fifth Areas.
Out of a total population of 3,29,88,134 in Jharkhand, a total of 1,60,10,448 reside in the Schedule Areas.
“The impugned action impinges the rights of the indigenous people of the plaintiff state and will lead to large scale displacement and consequential rehabilitation and resettlement issues,” it said.
It claimed that the action of the Center was in violation of environmental standards and would “cause irreparable damage” to the environment, forests and land of the State.
The plea claimed that Jharkhand had a forest cover of 29.4% and that the coal blocks put up for auction were located in the forest lands.
Referring to the situation prevailing as a result of the pandemic, the suit claimed that the auction of coal blocks at this time would “play in the hands of the capitalist lobbies at the expense of national interest.”
“The present situation, thus, is not conducive for conducting the auction which is bound to get affected by the falling growth rate and weak economic conditions,” it said, adding that the Centre’s action of commencing tendering process from June 18 onwards without “proper consultation, coordination” with the state is “unjustified”.
