Almost a year after the state government introduced e-tendering in mining to bring in transparency, the process has failed to take off. The high court has quashed at least seven tender notices and is hearing petitions against at least five others for mining of coarse sand.
On the directions of the HC, the Directorate of Geology and Mining has finally prepared the supplementary rules regarding environment clearance for mining lease, to be sent to the state government for approval.
A total of 349 tenders for mining of coarse sand were issued for 39 districts by the Directorate of Mining in March and April. Most of these tenders were dated to be opened in April and May. However, after the court quashed several tender notices, the state government has stayed the process.
"The matter is either pending in court or the tenders have been quashed for at least 13 districts so far. For the remaining districts, we are opening the technical bid but not financial bid, till final decision is taken on environment clearance," said Chakrapani, Director of Geology and Mining.
The state government had introduced e-tender in mining of coarse sand on May 31, 2012. Subsequent tender notices for coarse sand mining issued by the government demanded that the person who is granted mining lease through tender needs to get environment clearance from the Union Ministry of Environment and Forest within six months, failing which the lease would be cancelled.
However, the high court quashed the tender notices in January 2013 observing that the condition of environment clearance is unjust as more than six months was "statutorily provided" for environment clearance and a person applying for environmental clearance has no control on the authorities who are entrusted to grant environmental clearance.
The state government then issued fresh tender notices in March 2013 after removing the six-month clause, asking parties to get environment clearance before mining lease execution.
The high court, hearing several petitions against the fresh tender notices for coarse sand mining, quashed tender notices for several districts and issued directions to the state government on April 17 to frame supplementary rules within four weeks regarding environment clearance to be incorporated in the Uttar Pradesh Minor Minerals (Concession) Rules, 1963.
Due to delay in the tender process, at least 11 districts in UP have no lease for legal mining as of now, translating into revenue loss for the state, while cases of illegal mining are being reported.
