Gauchar Land, Mineral Leases, and Leaseholders in Gujarat: Facts vs. Reality

 

Gauchar Land, Mineral Leases, and Leaseholders in Gujarat: Facts vs. Reality

"An Insight into the Truth about Gauchar Land"

"Greetings, friends! Welcome. Today we will discuss the gauchar land, mineral leases, and leaseholders in Gujarat. This topic is very important, and today we will unveil all the facts. So, let's begin this journey."

Importance of Gauchar Land

"Friends, gauchar land is crucial for our livestock. This land is used by animals for grazing and resting. Additionally, this land is beneficial for the entire community, especially in rural areas."

In tribal areas, along with practicing agriculture, tribal people also engage in livestock rearing as a supplementary source of income. How appropriate is it for the mining department to lease "grazing" lands in these tribal areas?

Rules and Laws Regarding Gauchar Land, Supreme Court Rulings

"The laws regarding gauchar land in Gujarat are very clear. The government does not permanently lease or rent gauchar land.

Regarding "gauchar" land, the Honorable Supreme Court's decision dated 28/01/2011 and the Gujarat government's gauchar policy (Policy for Management of Gauchar Land) effective from 01/04/2015 are self-explanatory.

Despite this, no action has been taken by the relevant authorities to cancel the mineral leases granted from time to time. Supplementary deeds have not been provided to the leaseholders as per GMMCR 2017.

In 2019, the Development Commissioner issued a circular granting the authority to remove encroachments on gauchar land to the Gram Panchayat.

Recently, the Honorable Gujarat High Court scrutinized the land given to Adani by the Gujarat government.

In the case of leases, they were approved by the Collector to leaseholders in "gauchar land" at the respective times.

Thus, the Sarpanch or Talati of the Gram Panchayat cannot take any action regarding the leases granted in gauchar land. However, it is also necessary to check if the Gram Sabha's resolution was given at the time of lease allocation or renewal.

If the Gram Sabha has not passed any resolution, the Panchayat is responsible.

Legal Actions and Supreme Court Judgments Regarding Minerals

"The 2011 Supreme Court ruling clearly stated that the misuse of gauchar land is illegal. Immediate legal action is necessary to prevent further disputes over this land."

"The importance of safeguarding this land under the Supreme Court's ruling and the 2015 gauchar policy is emphasized."

Environmental Clearance and Health

Now, it is also essential to check whether the mineral leases in this gauchar land have received environmental clearance.

If environmental clearance has been granted at the district level, it has currently been revoked due to the National Green Tribunal's ruling.

Regarding state-level environmental clearance granted in gauchar land:

According to the Honorable Supreme Court judgment, gauchar policy, and forest laws, environmental clearance cannot be granted for mineral leases in this land.

Let's understand the modus operandi used in these situations.

Most leases were approved between 1970-2000, and at that time, the gauchar land had a survey number, for example, 1. Now, due to reorganization over time, the survey number 1 of gauchar land has changed to a new survey number, 11.

In all environmental clearance documents, from the initial form-filling process to public hearings, the old survey number 1 is mentioned, leading to confusion. The environmental clearance will list the old survey number 1 and the new survey number 11.

When this is reported to the relevant department, they state that if the lease is canceled, the environmental clearance will also be canceled.

"The environmental impact of mineral quarries is serious. It adversely affects water sources, land, and livelihoods. It also has a significant impact on public health."

"Immediate steps are needed to protect water, forests, land, and water sources."

Scams and Tribal Rights in Gujarat

"In the tribal areas of Gujarat, incorrect information has been used to obtain leases and environmental clearances. Tribal rights in these areas are protected by various laws, and it is important to prevent such misuse in tribal regions."

"Despite repeated representations in these matters, appropriate actions have not been taken. It is now essential to bring these issues to the attention of Prime Minister Narendra Modi, Home Minister Amit Shah, and Chief Minister Bhupendra Patel."

Leaseholders, Mineral Mafia, and Negligence

"Friends, despite laws and regulations, many villages' gauchar land is occupied by leaseholders and mineral mafias.

"In Padal, Bharuch, there are two silica sand quarries, and in Dolvan, there are seven stone quarries on gauchar land. Similar leases can be found across Gujarat. This is causing damage to gauchar land and the environment."

"In the business of silica sand or stone quarries, there is massive tax evasion in many places, and 300-foot deep pits have now become death traps. This is because the mining department does not measure these mineral leases."

Failure of Administration and Public Demand

"These leases are not measured, leading to no information on how much mining has been done and in which land.

The reason for not measuring: A committee has been formed for measurement, including the quarry association's president and mining department officials.

At this stage, we should also inform that no one knows under which rules this committee was formed.

Regarding the negligence of the administration, the Development Commissioner ordered the removal of encroachments by stone quarries in Dolvan, but these orders were not implemented. The administration acts negligently against encroachments on gauchar land."

"People have made numerous representations on this issue, demanding action against negligence."

Government Corruption and Problem Resolution

"Friends, there is also government corruption in the matters of gauchar land, leaseholders, and mineral mafias. Proper investigation could reveal significant scandals."

"To resolve this issue, cooperation between the local community and the government is essential. Transparency in administration and proper implementation of rules are necessary."

Your Actions and the Future

"Friends, to solve this problem, we all need to participate. It is essential to take steps consciously to protect gauchar land and the environment."

"Step forward today to protect our livestock, our environment, and our community."

Conclusion

"Friends, the issue of gauchar land is very serious. Immediate steps are necessary. If you liked this video, don't forget to like and share it. And yes, subscribe to our channel and click the bell icon for new videos. Have a great day!"

Thank you, 

Dr. Bhavin Kumar Shantilal Vasava 

Bharuch 

*Information may be subject to corrections or updates.