JOURNAL GEOLOGICAL SOCIETY OF INDIA Vol.89, March 2017, pp.307-314

A New Model of Exact Reclamation of Post-mining Land to Address Land Acquisition Problem in Indian Coal Mining Industry Pawan Kumar Singh1, Arvind Kumar Mishra2* and Deepanshu Ranjan Singh2 1

Eastern Coalfields Ltd., P.O. Mugma, District, Dhanbad Department of Mining Engineering, Indian School of Mines, Dhanbad - 826 004 E-mail: [email protected], *[email protected]; [email protected]

2

ABSTRACT Indian coal mining industry is in transition phase with the growing demand of coal and is likely to escalate further with the need of ultra-mega power projects as well as announcement of smart cities projects. Although, there exist sufficient coal reserves in India, continuous acquisition and possession of coal bearing land is required to minimize the existing gap prevailing between coal demand and supply.The solution of the problem lies not only in modification of laws and policies of industry, but also in modification of mining engineering practices towards sustainable development. This paper critically examines the cause of the problem in the light of Indian laws and practices of the industry. In this paper a method of exact reclamation of post-mining land has been designed as a solution to make easier land acquisition by way of proposing a system of returning back the exact reclaimed land to its owners under corporate social responsibility activity of the industry. The proposed conceptual model of interlinking corporate social responsibility with land exchange will encourage sustainable development practice by mining engineers, and may turn around the public image of the industry. INTRODUCTION Coal mining is practiced in several nations of the world. Global coal production in 2013-14 was over 7800 million tonnes and the major contributing nations were China (45.5%), USA (11.6%), India (7.8%), Indonesia (6.3%), Australia (6.3%), Russia (4.4%), South Africa (3.3%), Germany (2.4%), Poland (1.8%), and Kazakhstan (1.5%). Most of the coal produced is consumed in generating electricity. In India also, coal mining is the backbone of economic development and its role in future is considered significant till any renewable source of energy source or else nuclear source is developed as significant source of energy. The dependence on coal for power generation has increased from 57% in 2012 to 61% in 2015 while the total installed

Fig.1. Installed power capacity of India (Central Electricity Authority, GOI, 2015). 0016-7622/2017-89-3-307/$ 1.00 © GEOL. SOC. INDIA

power capacity has increased 32% from 2012 to 2015. Figure 1 shows the installed power capacity of different sources of energy in India. Mining companies have a debatable reputation in terms of their social responsibility in developing countries and is seen as dirty sector which require strict scrutiny in the recent years (Kapelus, 2002). Although as the demand and supply in India is increasing, as shown in Fig.2, the need for the new and large mining projects are indispensable. Land acquisition and its possession is the pre-requisite for starting any mining project. However, since last several years, for advancement of its existing coal mines and opening of new projects, the Indian coal mining industry has been facing serious land acquisition problems (Khanna, 2013). The process of land acquisition and its possession has become full of uncertainties, risks, protests and resistance by displaced persons (Morris, 2007; Morris and Pandey, 2009). Many coal mining projects are running behind the schedule due to the delay in acquisition of land (CIL Director’s Report, 2014-15), and as the demand supply gap is increasing it has become more important to acquire land adopting sustainable practice. The process of land acquisition and its possession has become full of uncertainties, risks, protests and resistance on the part of the displaced persons. Protests on account of environmental reasons have also hindered the land acquisition and rehabilitation. As most of the people are directly dependent on landscape for their livelihoods in India, damage to land often leads to social, economic, and political tensions and violent conflicts, now and then. Although, there exist sufficient reserves, experienced and robust organizations for coal mining, and continuously increasing demand of coal, but the industry is struggling hard with land acquisition and possession problem. The way through which companies responded to these issues are reflected in their annual reports focusing on the corporate social responsibility as an appropriate solution. A series of statutory provisions with regard to protection of the rights of the land owners and the community, environment, land reclamation, corporate social responsibility etc. have been framed by the government. The industry has also been complying with the statutory provisions by way of making policies, introducing new technology and orienting its mining activities towards sustainable development, Corporate Social Responsibility (CSR) (Petkoski and Twose, 2003). The mining industry is making substantial investments of more powerful technologies, modern mining methods and efforts of mitigating business impacts on environment and community of the industry. There is urgent need to attract land owners and community to address the land acquisition issues between the industry and the community to ensure mutual benefits for both the industry and land owners. The current practice of land reclamation can be modified economically applying more sustainable mining engineering practice in a way that the post-mining land is brought back nearly to its previous

1000 million tonnes by the year 2019-20. This will require possession of around 3000 hectare (estimated) of coal bearing land annually. The pattern of land acquisition in the past and projected for future is given in Table 1. The figures clearly states that the acquisition of land is comparatively easier as compared to land under forest cover. The Constitution (First) Amendment Act, 1951, provided for payment of compensation at a rate not less than market value of the Fig.2. Coal demand and supply in India (Ministry of Coal, 2015) property. The traditional rights of the shape and condition. This paper outlines the need of land acquisition people over the land are sometimes governed by the powers of and issues related to land acquisition in Indian mining industry and state government and the own laws and acts. The land which is to be proposes a new system and also the methodology by which the exact acquired for further mining is government land, forest land and tenancy reclamation of mining land by the mine owner,in coordination with land. This can be acquired as shown in Table 2. the government can be achieved in order to address the ‘lack of trust’ In practice, small acreage of tenancy land is acquired by the industry issue between the industry and community. The study bears the through direct purchase. Negotiation with the land owners is not very hypothesis that with the prevailing laws and the policies of the industry, difficult in such cases. But, acquisition of large acreage through the land acquisition process will continue to face difficulties; direct purchase poses several difficulties because of small plots of modification in the current practice of post-mining land reclamation land, clear titles for ascertaining actual ownership of land lacking, towards exact reclamation, a more sustainable mining engineering unwillingness of few land owners, share-croppers’ objections etc. practice, will be acceptable to the community for taking it back, which Moreover, such acquisition often requires involvement of local ultimately will make the land possession easy and the industry will mediators who normally confuse the land owners for their benefits sustain. Keeping in view of the aforesaid a method of exact reclamation and make the process complicated. So normally, the industry applies of post-mining land by way of modifying the method of coal extraction under Land Acquisition Act (LAAct), 1894 or Coal Bearing Areas Act is proposed as a solution to land acquisition problem. (CBAAct), 1957 to acquire large acreage of tenancy land. When the Government notifies the land to public under LA Act or CBA Act, they often put objections against acquisition and it becomes very EXISTING MINING LAND ACQUISITION SYSTEM difficult to pass the public hearings. Even after obtaining acquisition Mining engineering practices in relation to land include through LAAct or CBAAct, the physical possession of land is difficult. CIL could acquire 80,114 hectare of tenancy land from nationalization I Acquisition of mineral bearing land and taking its possession, year (1973) to 2009 through various modes of acquisition but success II Doing mining in the possessed land, and in possessing tenancy land acquired via CBA Act stood at less than III Reclaiming the post-mining land for pre-mining uses or other 60% and via LA Act at less than 93%. Table 3 presents the tenancy uses. land possession rate by mode of acquisition post-nationalization till The land in possession of Indian coal mining industry is of three 2009. types, namely I Inherited land (the land which was inherited to the industry by nationalization of mines), II Government land and/or forest land, and III Tenancy land. In the recent years, acquisition of forest land often is also difficult because the Forest Department not only requires compensatory afforestation in double the area affected, cost of loss of flora, fauna and environmental damage but also seeks approval from local administrative body. Coal mining industry in India mostly (90%) is public sector enterprise (PSE) with CIL as the public sector company operating across India via its various subsidiaries. The land for mining is acquired mostly by CIL. Till now land acquired by CIL accounts for 0.06% of total land area of India and forest land area acquired is also 0.06% of total forest area which is 21.05% of total land area of India. Annual production of coal in India is planned to reach the level of Table 1. Pattern of land acquisition and breakup of land requirement Break-up of land requirement from 2010 to 2022 by Coal India Limited Type of land required for mining

Till 2009

2022

Government Land

18%

9%

Forest Land

25%

35%

Tenancy Land

57%

56%

Source: Formulation of Corporate Plan: CIL Vision 2020, KPMG, 2010 308

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Presently, in place of the ‘Land Acquisition Act, 1984’, a new ‘Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013’ mandating to “meet the twin objectives of farmer welfare; alongwith expeditiously meeting the strategic and developmental needs of the country” has been notified by the Government of India, to be followed by ‘Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014 under the Act to regulate the procedure. These laws have been framed with objectives ‘to ensure, in consultation with institutions of local self-government and Gram Sabhas established under the Constitution, a humane, participative, informed and transparent process for land acquisition for industrialization, development of essential infrastructural facilities and urbanization with the least disturbance to the owners of the land and other affected families and provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition and make adequate provisions for affected people for their rehabilitation and resettlement and for ensuring that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post-acquisition social and economic status and for matters connected therewith or incidental thereto (Right to Fair Compensation and JOUR.GEOL.SOC.INDIA, VOL.89, MARCH 2017

Table 2. Classification of land required for acquisition LAND ACQUISITION TENENCY LAND

GOVERNMENT LAND

FOREST LAND

Through direct negotiations,or through the concerned State Government on requisition by the industry, as per the Land Acquisition Act 1894 and as per various Acts & Codes of the State Governments, or under the Coal Bearing Areas (Acquisition & Development) Act, 1957, by the Central Govt. for unworked land containing or likely to contain coal deposits.

Through the concerned State Government on requisition by the industry, as per the Land Acquisition Act 1894 and as per various Acts & Codes of the State Governments,or under the Coal Bearing Areas (Acquisition & Development) Act, 1957, by the Central Govt. (The Central Govt. has power of directing, vesting of land or rights in a public company)

Through the Ministry of Environment and Forest (MoEF), Govt. of India (GOI), for “de-reservation or use of forest land for non-forest use” (including “mining”), as per the guidelines of MoEF.

Table 3. Land possession by the mode of acquisition till 2009 MODE

Acquired

Possessed

Yet to be possessed

C.B.A. Act L.A. Act Direct Purchase State Code TOTAL

47787 15659 8619 8049 80114 Ha

27839 14499 8430 8049 58817 Ha

19948 1160 189 0 21297 Ha

Source: Formulation of Corporate Plan: CIL Vision 2020, KPMG, 2010

Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013). In this situation, a ‘social license to operate’ becomes essential for commencing mining activities even on the acquired land (Owen & Kemp, 2014). ‘Social license generally refers to a local community’s acceptance or approval of a company’s project or ongoing presence in an area. It is increasingly recognized by various stakeholders and communities as a pre-requisite to development. The development of social license occurs outside of formal permitting or regulatory processes, and requires sustained investment by the proponents to acquire and maintain social capital within the context of trust-based relationships. Often intangible and informal, social license can nevertheless be realized through a robust suite of actions centered on timely and effective communication, meaningful dialogue, and ethical and responsible behavior(Yates & Horvath, 2013). The concept of a social license to operate has been widely accepted by the industry as an essential attribute of success. It has prompted companies to look well beyond their self-interest. However in practice, the social license too, tends to be focused on more immediate decisions and actions. A contribution perspective would push the boundaries and open opportunities for greater stability over the longer term (International Council on Mining and Metals, 2012).

of Pollution Act 1981, the Wildlife Protection) Act 1972, the Mines and Minerals Development and Regulations Act 1957 etc. provide the procedural framework of activities required for environmental preservation, pollution control and reclamation of post-mining land. As such, the mine closure operation is a continuous series of activities starting from day one of the initiation of a mining project. The mine closure plan includes the implementation program for reclamation and rehabilitation of mined-out land including the manner in which the actual site of the mine will be restored for future use describing the method of land restoration/ reclamation/ rehabilitation and top soils management. Current Practice of Land Reclamation by the Industry As per CIL’s Land Reclamation 2015 Report published by CMPDI (Central Mine Planning and Design Institute, Ranchi (2015), the total excavated area of land in 50 opencast mines producing more than 5 million cubic m (Coal & OB) annually, in seven subsidiary companies of CIL was 356.41 km2 (i.e.35,641 Ha). Out of this excavated area of land, 165.46 km2has already been biologically reclaimed (46%), 115.69 km2 is under backfilling and 75.26 km2 is under active mining. Reclamation in coal mining industry is normally limited to backfilling, putting top soils and plantation over the backfilled area in case of opencast mines. In case of underground mining, most of the subsided land is green by way of plantation or natural growing of grasses and bushes. The industry reports these sites as biologically reclaimed and maintain its greenery and finally guards the reclaimed land against encroachment or any damage. Enormous effort has been put on the land reclamation issue affected by mining such as to regain its biological stability. In case of opencast mines, the surface land of coal bearing area is acquired, possessed and made free from surface structures like buildings, road, rail, pipelines etc. before starting excavation operation and then the land is broken from surface downward to reach coal seams. Topsoil/rock overburden (OB) is removed and dumped in no-coal area. After de-coaling the place, the excavated area is backfilled with OB, leveled up with top soil and planted and thus a completely new surface land is formed. Figure 3 shows the reclamation process in the opencast working. In case of underground mines, surface land may get damaged due to subsidence (Hoek, 1995). In a mine where only first workings

LAND RECLAMATION Mining creates large amount of waste rock and tailings which are deposited in the surface and are often unstable and becomes sources of pollution to the surrounding environment resulting in degradation of original mine soil (Wong, 2002). Enough policies and frameworks have been put forward by the government statutory bodies to minimise the issue of land degradation which is the prime concern of the local people. The concepts and standards underlying land reclamation in India, well termed as ‘mine closure’, are stringent and demanding because of the laws, public priorities and environmental imperatives (Robertson and Shaw, 2009). Rules and notifications issued under the Environment Protection Act 1986, the Forest Conservation Act 1980, the Water Prevention and Control of Pollution Act Fig.3. Reclamation of land in opencast working 1974, the Air Prevention and Control JOUR.GEOL.SOC.INDIA, VOL.89, MARCH 2017

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legislations provide complete framework for CSR in organizations such as the compulsory expenditure of 2% of net profit in CSR activities, composition of CSR Committee, framing of CSR policy, monitoring of CSR, selection of activities under CSR, preference to local area, execution of activities and reporting etc.The government has initiated the key role to mandate industry ‘not losing sight of its social and environmental responsibility and commitment to sustainable development. The spirit of CSR lies in integration of sustainable measures with all operations of the industry for economic, environmental and social development. The objective of the CSR should be framed as a trust building Fig.4. Reclamation of land in underground operation instrument between the stakeholders and the industry on economic, environmental and social front, but, not only as a financial (development) are used, subsidence is unlikely to occur and so, it is expenditure made on account of CSR activities. not essential to acquire the surface land. But most of the underground A sustainable source of livelihood can never be compensated mines undertake some form of secondary extraction (depillaring). through any benefit; sentimental attachments with the land can never Before starting secondary extraction below ground, surface land is go away. The legislation requires under CSR that ‘business activities essentially acquired, possessed and surface structures are evacuated. to be conducted in a manner that is beneficial to both, business and When large area of coal is mined below ground, it results into settlement society’. As land acquisition essentially requires ‘community license’, of roof material into the void (the goaf) which may affect the surface the CSR activities may be linked so that the land possession activity land over the excavation in form of subsidence. The degree of becomes beneficial to both, business and society. Putting ‘social subsidence is determined by the thickness of coal extracted, the extent license’ theory into practice can also be undertaken at a corporate of the area mined, the depth of working, the nature of strata present level, unlinked to specific projects or geographies. Private-sector above the coal seam, and other geological factors (Epstien, 1987; companies and state-owned enterprises may take voluntary measures Bozeman, 2002; Hsu et al, 2015). There is a gradual lowering of the to enhance social license, including internal and external stakeholder surface strata which actually bends rather than fractures at the limits engagement, disclosure and reporting, and strengthening governance. of the subsiding area with some cracks around the edges of the These measures may collectively be referred to as corporate subsiding area where damage may occur. The central area of subsidence responsibility, corporate social responsibility, corporate citizenship, usually is subjected to a gradual lowering, possibly suffering some tilt shared value, or sustainable business, among other terms (Yates and and strain as the workings pass beneath. Fig. 4 shows the reclamation Horvath, 2013). process in the underground working. In the case of longwall mining operation at relatively large depth, the subsidence basin is formed at A NEW APPROACH FOR EXACT RECLAMATION the surface (Peng, 2006). It has been observed that the acquisition of tenancy land is expected Use of a vegetation cover gives a cost-effective and to rise from 25% in 11th Plan period to 60% in 12thand 13th Plan period. environmentally sustainable method of stabilizing and reclaiming This created substantial difficulties not only in acquisition of new wastes such as mine-spoils and tailings (Tordoff et al., 2000; Madejón, land but also in possession of lands acquired by industries. Exact et al. 2010; Umba, 2013). As per direction of the Ministry of reclamation works on returning back of the post-mining land into a Environment & Forest (MoEF), Govt. of India (GOI), the industry form and productivity in conformity with a pre-mining condition, or should monitor the land reclamation activities using high resolution to a prior land-use plan including a stable ecological state that does satellite imagery data showing the status of all mines against land not contribute substantially to environmental deterioration and is reclamation at regular intervals.Technical audits and reviews of mine consistent with surrounding aesthetic values. The method of exact closure plans and activities are often made by professional bodies, reclamation is not only economical but community friendly. The government agencies, and committees who review the safety, stability, industry had already been practicing biological reclamation of postand environmental risks at mine sites. mining land since long. Presently, mining engineering operations in relation to land are (i) acquiring land and taking its possession, (ii) INTEGRATING CSR IN ALL INDUSTRIAL ACTIVITIES Doing extraction of coal, and (iii) reclamation of post-mining land In recent years, concerns about the sustainability and social (Fig. 5). This engineering practice of the industry with regard to responsibility of businesses have become an increasingly high profile reclamation of post-mining land is statutorily accepted, but problematic issue in many countries and industries, none more so than the mining because liabilities for maintenance, monitoring and security of land industry (Jenkins and Yakovleva, 2005). The industry required to lie with the industry as the industry keeps on holding this land. If this formulate its business plan under CSR integrated with social and biologically reclaimed land is handed over to the Government / Forest environment concerns (DPE Guidelines, 2010). The Government in department, they may utilize the land further (Fig. 6). In exchange of 2013 instructed the industries to ‘formulate its policies with a balanced this, the industry may obtain coal bearing land under possession of emphasis on all aspects of CSR and sustainability – equally with regard the government / the forest department, with some modification in to its internal operations, activities and processes, as well as in its law and policy. Exact reclaimed land can be offered in exchange for response to externalities. Further, the industry has to act in a socially taking possession of further mining in the area from land owners, may responsible manner at all times; even the normal business activities to it be tenants, the Government or the forest (Fig. 7). Such a practice be conducted in a manner that is beneficial to both, business and will turn around the bad reputation of coal mining industry that it society’(DPE Guidelines, 2013). Government of India made it destroys sustainable source of livelihood (land) and environment. compulsory for companies to participate in the process of development The exact reclamation method is a process having three stages, of the society through CSR, and became the first country to mandate starting with reclamation to restoration and finally rehabilitation. The spending on CSR activities through statutory provisions. The framed 310

JOUR.GEOL.SOC.INDIA, VOL.89, MARCH 2017

Fig.5. Showing current mining engineering operations in relation to land

Fig.6. The industry may hand over the biologically reclaimed land to Government

Fig.7. The industry may hand over the exact reclaimed land to its owner process is carried stage-wise such as reclamation, restoration and rehabilitation. The method of exact reclamation starts with the planning to start a coal mine, and continues throughout the life of the mine. A mine closure plan specific to each mine for reclamation of post-mining land is prepared describing how the post-mining land will be undertaken for reclamation, restoration and rehabilitation, to bring it back to an acceptable state for pre-mining land use. Before breaking the land for mining, care should be taken on understanding the local conditions in terms of the soil properties, the parameters for sustainable restoration and the vegetative conditions and the local habitants shifted for the sake of mining. This data should be made available throughout the mining period even after the reclamation of the mining site for comparison of pre- and post- mining scenarios. JOUR.GEOL.SOC.INDIA, VOL.89, MARCH 2017

During mining, necessary care should be provided for the top soil characteristics since they are rich in organic matter and bear necessary physical, chemical and biological properties and hence, the layers are scraped and preserved properly using embankments and should be protected from erosion by minor vegetation such as grass. The top soils should be spread over the top of backfilled, leveled and well compact OB dump area, in thickness and layers, similar to the earlier conditions. The top soils should never be buried under OB dump, as they can sustain the habitats on earth post mining conditions. If not spread in continuity, the top soils are stacked at designated place with precautions. As far as, damage to land in case of underground mining is concerned, restriction of habitants and increasing the agriculture activities could retain the original nature of the soil as there may not be much change in their properties. In reclamation of land, during vegetation and plantation, preference should be given to indigenous/exotic plants species with easy adaptability to the locality, pollutant tolerant species, plants of fast growing with thick vegetation foliage because the benefits of vegetation are of immense benefit to the local community/inhabitants. Restoration starts after satisfactory reclamation of the site, and may take 5-10 years after reclamation. After mining, industry in association with the government agency, land-use planners, investors, and affected community, should identify the most beneficial use of an exact reclaimed post-mining site taking advantage of infrastructure created during mining. With increasing stripping ratio in the near future, excess OB which cannot be accommodated in mining voids would have to be staked properly along the edge of the mine with strong toe wall, suitably terraced and stabilized. The slope and benches of such stakes should be layered with top soils. The stakes should be protected against erosion by way of vegetation and keeping slope angle less than 15°. Exact reclamation means the returning back of the post-mining land into a form and productivity in conformity with a pre-mining condition, or to a prior land-use plan including a stable ecological state that does not contribute substantially to environmental deterioration and is consistent with surrounding aesthetic values. Reclamation: The OB dump is created on impervious ground and stabilized, leveled to its previous topography, compacted well especially the top layer, and put a layer of top soils (0.2 m to 1 m thick). The land is returned back to a useful shape resembling pre-mining shape. This land automatically becomes hospitable to organisms that were originally present or others that approximate the original. The process of growing grass, bushes and plantation over it is called biological reclamation. The biological reclamation in its lowest magnitude intends to put the post-mining land to some use to stakeholders. This reclamation with pre-determined end-use may bear the potential to fulfill the expectations of the community to some extent. This is the cheapest and rapid visual surface stabilization of post-mining land for reduction in air and water pollution, but may take a very long time in eco-system restoration, if compaction of OB dump and layering of top soils is not done properly. In absence of top soils, the post-mining land lacks nitrogen and other organic matters, which are essential for plant growth. So, layering of top soils on leveled and compacted surface is the most important activity in reclamation. Vegetation is considered to be the most appropriate and cost-effective long-term remedy to encounter the majority of underlying problems of post-mining land. A successful biological reclamation restores the natural capital of flora, fauna and productivity of the land fast. Restoration: It is the rebuilding of ecosystem that existed at the mine site before it was disturbed. It requires maintenance of biological reclamation, adding minerals and water to the soils for years to generate the previous soil properties of the land. It may further require plantation 311

of some particular species which may be decided by the ecologist on examination of the site. Rehabilitation: This is the final stage in which post-mining land is brought back to pre-mining use condition. Vegetation and habitants existing earlier are settled there so that the pre-mining condition of the land is replicated. Procedure of Exact Reclamation The exact reclamation process starts with the planning to start a coal mine, and continues throughout the life of the mine. A mine closure plan specific to each mine for reclamation of post-mining land is prepared describing how the post-mining land will be undertaken for reclamation, restoration and rehabilitation, to bring it back to an acceptable state for pre-mining land use. The various activities may be grouped in three categories, before start of mining, during and after mining, which is explained below: Before start of mining: y Topography survey (contours, drainage pattern etc.) may be done. y Laboratory testing of soils and materials for the parameters essential for sustainable restoration is done, and samples of soils are preserved properly. y Vegetative condition particularly the quality, quantity and diversity of vegetation at a site are recorded. y Habitants is surveyed, recorded and shifted to another site. These data will be used after completion of reclamation activity for comparison and making modification, when needed by the ecologist. All mining activities there should provide consideration to community priorities, needs and interests because the exact reclamation aims to provide sustainable benefits to local communities and stakeholders. These people can provide important information for plans and decisions that determine exact reclamation objectives and final land use decisions. Communication and consultation among all parties should be comprehensive, meaningful and timely. Liaison committees may be formed for sharing information. During mining: y In case of OC mining, in initial stage of mine, the top soils (normally 0.2 to 2.0 m) are scraped in layers and stacked properly in a place well surrounded by proper embankments to prevent erosion; the stakes are stabilized further by growing grass and bush to protect the soils from wind and flow due to water. y When, the mine advances, the top soils are spread over the top of backfilled, leveled and well compact OB dump area, in thickness and layers which it was having earlier. y Top soils bear necessary physical, chemical and biological properties to sustain plant development because they are higher in organic matter, microbial activity, and nutrients than underlying subsoil. Top soils contain significant seed bank that can be used to great advantage in vegetation. When coursetextured materials (OB) are vegetated without top soil covers, high course-fragment contents, salts, and high surface heat usually limit the growth. The top soils should never be buried under OB dump, they are precious materials, they could have been formed in more than 1000 years and had been able to keep habitats living when there was no mining and can sustain the habitats on earth when there will be no mining. Loosing such valuable life sustaining materials is an abuse to mining engineering. y If not spread in continuity, the top soils are stacked at designated place with precautions. 312

y For better utilizations of reclaimed land, the top soils can be replaced with better soils; soil specialists may be contacted. y As far as, damage to land in case of underground mining is concerned, top level of the ground may subside and cracks may develop. Change in properties of top soils is not wide. The subsided land is leveled and fertile soils is layered on top. Arrangement of water is made there. Such reclaimed land can be used for agriculture, plantation or even the previous uses. (Such uses of subsided and settled land can be seen in Raniganj and Jharia coalfields where banana/guava orchards have been developed by unauthorized local people, at places paddy farms and vegetables are also grown, unauthorized hutments are also developing at some places). Such land should not be used for residential purposes unless tested by scientific agencies for its stability because the subsidence is a time specific phenomenon and remnant coal may crush in later phase and disturb the surface. In modern mining methods for underground mines, the subsidence pattern is controllable and should be adopted wherever practicable. y Reclamation starts with some advancement of OC mine. Leaving activity of OB leveling and compaction works for future makes the process difficult and then desired result may not be achieved. For this, prior planning of works is urgent. y In reclamation of land, during vegetation and plantation, preference should be given to indigenous/exotic plants species with easy adaptability to the locality, pollutant tolerant species, plants of fast growing with thick vegetation foliage because the benefits of vegetation are of immense benefit to the local community / inhabitants. y Restoration starts after satisfactory reclamation of the site, and may take 5-10 years after reclamation. The rehabilitation start time will be decided by the ecologist after satisfactory restoration of the site. After mining: y Mining activity on a particular land should be completed within a time frame; may be 05 years to 50 years, so that the industry has no further coal to extract there in future. This is essential. Some of the engineers argue that we cannot go for exact reclamation at some places because of remaining coal below there. This is a completely undesirable situation. The broken surface land should never be left in a shape not conforming to pre-mining use for an unlimited period; there must be a timeframe for complete extraction. Mining engineers are responsible for this. y The infrastructure facilities created during mining like roads, electricity and water should not be removed. With the premining topography and condition of land, availability of better infrastructures may be treated as incentives. Water requirement in such reclaimed land is essential because formation of natural water table takes very long time. y Mining industry, in association with the government agency, land-use planners, investors, and affected community may identify the most beneficial use of an exact reclaimed postmining site taking advantage of infrastructure created during mining. y The exact reclaimed land is put in pre-mining use by the industry and its conditioning is done in supervision of ecologist. After 2-5 years of conditioning, the exact reclaimed land becomes identical to adjacent unbroken land. y Now, the exact reclaimed land is ready for pre-mining uses. y This exact reclaimed land can be used for community farming, animal husbandry and orchards till is returned back to the land owner. JOUR.GEOL.SOC.INDIA, VOL.89, MARCH 2017

Presently, in India, the stripping ratio is around 1:2 i.e. for every one ton of coal production, 2 m3 OB is removed. This OB can be backfilled in the voids created for mining. In future, the stripping ratio will increase. In that case, excess OB which cannot be accommodated in mining voids would have to be staked properly along the edge of the mine with strong toe wall,suitably terraced and stabilized. The slope and benches of such stakes should be layered with top soils. The stakes are protected against erosion by way of vegetation and keeping slope angle less than 15°. Exact reclamation method is not expensive. The industry already practices biological reclamation of post-mining land. Only a few of the activities like better compaction, maintaining and spreading top soils, rehabilitation etc. are added which require some additional cost. This extra cost is well compensated to the industry by way of compulsory expenditure on CSR and financial assurance for reclamation. Not only this, the industry will save money that would be required for acquisition (purchase) of land when the exact reclaimed land is exchanged with coal bearing land. A CONCEPTUAL MODEL OF INTERLINKING CSR WITH LAND EXCHANGE The exact reclamation method of mining results into bringing back the post-mining land to pre-mining condition.The flora, fauna, ecological condition and habitants are rehabilitated back there. By this way, the industry discharges its ethical duty and statutory responsibility to maintain environmental sustainability and favorsglobal sustainable development goals. This method in practice is capable to turn around the public image of mining industry from ‘it destroys the land’ to ‘it reforms the land’. The method of exact reclamation is not only economical but community friendly. The industry had already been practicing biological reclamation of post-mining land since long (Maiti & Ghose, 2005, Hendrychová, 2008,Sheoran, Sheoran&Poonia, 2010, Chaubey, Bohre & Singhal, 2012). Presently, mining engineering operations in relation to land are as following: y Acquiring land and taking its possession, y Doing extraction of coal, and y Reclamation of post-mining land. This is very important here to make it clear that the exact reclamation method of post-mining land advocates ‘possession of land’ for a certain period of time only as the land is of temporary use only in mining engineering; ‘acquisition of land’ forever by the industry is not required at all. Land is a sustainable resource which provides livelihood and any kind of damage is unbearable and against the humanity. This is why, even after lucrative compensations and provision of employments, as provided through Resettlement and Rehabilitation Policy of the industry, even after meeting all statutory requirements, communities put strong protests against land acquisition by the industry. CSR is an application to sustainable development and ensures sustainability of livelihood. Objective of exact reclamation method is also to maintain the livelihood by way of returning back the postmining land to pre-mining uses. Returning back the exact reclaimed land to its previous owner is mutually beneficial to both, the society and the industry. This is in line with spirit of CSR. By interlinking all these, a conceptual model is placed as below: 1 Prepare and keep the exact reclaimed land of area (say ‘TL’) ready, equal to the area (say ‘GL’) proposed to be taken for further mining from land owner. The readiness of exact reclaimed land includes provenances of the land-use as equal as or even better than that of the intended land, with better infrastructure at the exact reclaimed land site. Any inferiority shall have to be compensated by way of compensation (say ‘BRR’). JOUR.GEOL.SOC.INDIA, VOL.89, MARCH 2017

2 Place an offer to the land owner to take the exact reclaimed land ‘TL’with benefits ‘BRR’ in exchange of his land ‘GL’. GL = TL + BRR This is an exchange offer and is valid for the mining period only. 3 Do not ask for ownership of the land. The ownership shall lie with the land owner itself. After extraction of coal, the land ‘GL’ will be returned back to him after exact reclamation and the land ‘TL’ will be taken back by the industry. 4 On acceptance, the industry will possess the land on registered agreement between the land owner and the industry; and the industry can start mining. 5 Some of the land owners may not like to take exact reclaimed land ‘TL’ in exchange of their land ‘GL’, but may become ready to accept some more benefits like half of the value of land, or an annual rent of their land, which may also be agreed by the industry. Practically, there are tenants who do not want to use their land by own but not ready to sell because this is sentimental and traditional property. 6 Exact reclamation process starts well integrated with the mining process and continues till the returning back of the land ‘GL’ to the owner. By this way, not only the livelihood of the locality is ensured but also the quality of life is improved. This is one of the best CSR activity practiced in the world. On environmental front also, the exact reclamation replicates the ecology of the place, which is also an important CSR activity. Once these parameters are fulfilled by the industry, not only the local community but all stakeholders will get confidence and trust with the activities of the industry as per benefits of CSR. DISCUSSION AND CONCLUSIONS The exact reclamation method of mining results into bringing back the post-mining land to pre-mining condition. This reclaimed land with time becomes as good as neighboring unbroken land. The flora, fauna, ecological condition and habitants are rehabilitated back there. On the more, better infrastructure is added. By this way, the industry discharges its ethical duty and statutory responsibility to maintain environmental sustainability and favors global sustainable development goals. This method in practice is capable to turn around the public image of mining industry from ‘it destroys the land’ to ‘it reforms the land’. the exact reclamation method of post-mining land advocates ‘possession of land’ for a certain period of time only as the land is of temporary use only in mining engineering; ‘acquisition of land’ forever by the industry is not required at all. Instead of seeking acquisition (ownership) of land for its operation, the industry should seek possession of land (only) on rental lease from the owner (tenants, government, forest department) either in exchange or with agreement to return back the land after mining and exact reclamation. There prevails a common feeling that mining causes extensive damages to soil and microbial communities, it damages traditional and sustainable livelihood of the society. The global SDGs (Sustainable Development Goals) are very much demanding these days, and most of the nations have framed their laws for achieving these. Alleviation of poverty, sustainability of livelihood, and environmental sustainability are included is the SDGs. The designed method of exact reclamation of post-mining land provides an economic way to bring back the land to pre-mining uses and ensures pre-existing environment. This method integrated with mining engineering practice in coal mining industry not only comply the statute in true spirit but also meets the expected SDGs on its part. Integrating CSR with this mining activity by the industry, which is required by law also, will generate confidence and trust among stakeholders. The proposed way of returning back the 313

exact reclaimed land to its owner will address the problem of land acquisition and physical possession by the industry in very smooth manner; all hue and cries of the community, ecologists, academicians, social institutions against the industry will get subsided automatically. Some small modifications in laws of the States and policy of the industry will, of course, is required in relation to sub-leasing to land, but looking into the advantages of the method, the politicians, policy makers and the Government are likely to respond accordingly. The proposed model bears a potential to become ‘Brand CSR Practice’ of the industry. The conceptual model discussed would be useful to mining engineers, ecologists, mining industry, policy makers and the Government. Further research for faster reclamation, restoration and rehabilitation of post-mining land is attracted. Acknowledgement: The authors gratefully acknowledge all the subsidiaries of Coal India Limited, and Coal Mine Planning and Design Institute for sharing the data and their views on the subject to develop a conceptual model. The authors also acknowledge the reviewers for their valuable comments and kind suggestions for the improvement of the paper. Note: The views expressed in the paper are of authors only. References Bozeman, M.T. (2002) Underground Hard-Rock Mining: Subsidence and Hydrologic Environmental Impacts. Central Electricity Authority, Ministry of Power, India (2015) Growth of Electricity Sector in India from 1947-2015. Chaubey, O.P., Bohre, P. and Singhal, P.K. (2012) Impact of bio-reclamation of coal mine spoil on nutritional and microbial characteristics—a case study.International Journal of Bio-Science and Bio-Technology, v.4(3), pp.69-79. Coal India Limited, Director’s Report 2014-15. Coal India Limited’s Land Reclamation (2015) Report published by CMPDIL, Ranchi, 2015. Central Mine Planning and Design Institute, Coal Inventory, 2015, http:// www.cmpdi.co.in/coalinventory.php Department of Public Enterprises, Ministry of Heavy Industries & Public Enterprises, Guidelines on Corporate Social Responsibility and Sustainability for Central Public Sector Enterprises. 2010.Department of Public Enterprises, Ministry of Heavy Industries and Public Enterprises, Government of India. Department of Public Enterprises, Ministry of Heavy Industries & Public Enterprises, Guidelines on Corporate Social Responsibility and Sustainability for Central Public Sector Enterprises, 2013, DPE OM No. 15 (7)/2012-DPE (GM)-GL-104 Dated the 12th April. Department of Public Enterprises, Ministry of Heavy Industries and Public Enterprises, Government of India. Environment (Protection) (Fifth Amendment) Rules. Govt. of India, 2014. Epstein, V.J. (1987)Hydrologic and geologic factors affecting land subsidence near Eloy, Arizona. Department of the Interior, US Geological Survey.

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(Received: 17 November 2015; Revised form accepted: 17 May 2016)

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