HITO questions delay to take action against cement companies for operating on forest land in EJH

Syllad | The Rising MeghalayaOctober 28, 2024

The Hynniewtrep Integrated Territorial Organization (HITO) on Monday questioned the alleged delay to take action against the cement companies in East Jaintia Hills District for operating on forest land.

In a letter submitted to the Additional Principal Chief Conservator of Forest, Government of India, Ministry of Environment and Forests, North Eastern Regional Office, Shillong, the HITO has referred to the comprehensive findings presented by the Joint Inspection Teams that conducted assessments on August 31, 2012 and April 18, 2013. 

“(We) seek your clarification regarding the lack of subsequent action taken against the cement companies operating in the East Jaintia Hills District of Meghalay,” it said.

The HITO stated that according to these inspection reports, the land acquired by the cement companies encompasses a significant area—totaling approximately 838.03 hectares classified as forest land, 1,253.98 hectares identified as non-forest land, and an additional 57.56 hectares categorized as unresolved. 

“It is noteworthy that the first Joint Inspection Team was unable to inspect the remaining 1,140.43 hectares of land, which raises concerns regarding the thoroughness of the assessment. Together, the nine cement companies involved have declared an ambitious total of around 3,292 hectares of land, some of which are either already acquired or in the process of acquisition. From the total land area, the first Joint Inspection Team managed to inspect approximately 2,150 hectares, determining that over 838 hectares constituted forest, while 1,254 hectares were classified as non-forest, leaving about 57.56 hectares still unresolved,” it said.

“The second Joint Inspection Team had the task of examining the remaining 1,140.43 hectares associated with five companies. They were also charged with resolving the disputed classification of the 57.56 hectares belonging to Meghalaya Cement Limited (Top Cem). Unfortunately, M/S JUDCL did not facilitate access for inspecting 272.537 hectares, and M/S MCL withdrew 84.72 hectares from inspection at the last moment, citing objections from local stakeholders,” the letter stated while adding “Ultimately, the second Joint Inspection Team was able to resolve the status of the 57.56 hectares, concluding that 6 hectares were forested while 51.57 hectares were deemed non-forests. Additionally, they inspected 753.34 hectares, determining that 72.48 hectares were forest land and 679.06 hectares were non-forest land. The combined outcomes of these inspections indicate that a troubling proportion—over 50%—of the total land held by these nine cement companies consists of forest land.”

“Moreover, it is essential to highlight that the Jaiñtia Hills District Council lacks proper documentation regarding village forests and community forests, which constitute a significant portion of the area’s natural woodlands. Despite this, they have issued certificates for various parcels of land that are not officially documented as forests according to the JHADC’s records, thereby classifying them in a manner that neglects their true ecological significance,” it added.

In light of these observations, the HITO also questioned whether the office recognizes the serious implications of this situation. 

“Furthermore, we question your awareness of the Ministry of Environment and Forests and Climate Change’s likely position against granting environmental clearance for the establishment of a cement factory in a residential area. Such operations are associated with significant adverse environmental impacts, raising profound concerns for public health. The emissions from cement factories—including substantial dust, particulate matter, and harmful gases like sulfur dioxide and nitrogen oxide—pose serious risks to air quality, potentially leading to respiratory issues for nearby residents,” HITO president Donbok Dkhar said.

“Finally, we would like to draw your attention to the Constitutional Framework which clearly states in Article 21 that any disturbance to fundamental environmental elements—namely air, water, and soil—vital for life poses a hazard to existence itself. Furthermore, violations of the Water (Prevention and Control of Pollution) Act, 1981 have been upheld by the courts under the same Article of our Constitution. The constitutional mandate to protect and preserve the environment is outlined under Articles 21, 48-A, and 51-A(g), emphasizing the fundamental right to a healthy and pollution-free environment, along with the obligation of the state and the duty of every citizen to safeguard and enhance our natural surroundings,” he stated further.