Iftikhar Gilani, DNA http://www.dnaindia.com/india/1820356/report-dna-special-shut-all-mines-...

9 April 2013

Tribal minister shoots letter to 9 guvs seeking cancellation of leases.

New Delhi – Union tribal affairs minister V Kishore Chandra Deo has asked governors of nine states to invoke their special powers to revoke lease agreements and MoUs signed between state governments and corporates to extract mineral wealth in tribal areas.

Pointing out that power lobbies were disregarding land regulations, he castigated the Congress-ruled Andhra Pradesh government. The union minister, who is also from Andhra Pradesh, said the higher echelons of power in the state were themselves trying to brazenly distort not only the law but also constitutional safeguards against the interests of tribal and other forest-dwellers.

In an identical letter written on April 4 to the governors of Bihar, Gujarat, Madhya Pradesh, Jharkhand, Maharashtra, Odisha, Rajasthan, Andhra Pradesh and Himachal Pradesh, the minister even linked indiscriminate mining activities to national security by propelling the Left Wing extremism.

He even went to the extent castigating his own government saying the insensitivity to the plight and problems of this entire population is the greatest challenge the nation is facing at present.

“The main threat today is the mining in Schedule V areas which has shaken the confidence and faith of the people in the region in our democratic system.”

He has reminded governors that Article 244 of the Constitution vests not only independent legislative authority on them but also allows them to restrict any law of parliament or state legislature from its implementation to a scheduled area in their states to protect rights of tribes and marginalised sections.

“The governor may repeal or amend any Act of parliament or of the legislature or any existing law which is for the time being applicable to the area in question, when good governance or peace is distributed due to issues related either with land or money lending,” writes the minister.

He further told governors that they are not bound by the aid and advice by the council of ministers under these circumstances.

The minister further urged the governors to use their executive powers and revoke lease agreements which are proving a threat to peace and good governance in these areas.

“I would like to emphasise the fact that the leases and MoUs are mere arrangement s/agreements between two parties and are not enactments of either assembly of parliament,” he said.