Major Steps for Land Acquisition in Mining in India
- greenvironics
- Jul 19
- 2 min read
1. Identification of Land for Mining:
- Conduct geological surveys to identify mineral-rich land.
- Obtain reconnaissance permit (RP) or prospecting license (PL) under the MMDR Act for exploration.
2. Securing Mineral Rights (MMDR Act, 1957) Obtaining Mining Lease (ML) or Composite License (CL)
- Apply for a Mining Lease (ML) or Composite License (CL) under the MMDR Act.
- Mine Planning: Define project boundaries and estimate land requirements.
- State government approval is required (central approval for coal/lignite/atomic minerals).
- Prior environmental clearance (EC) and forest clearance (if applicable) are mandatory.
A. Environmental Clearance (EC) –
'Mandatory for All Mine'
a: Step 1: Categorization of Project:
- Category A (Large mines): Cleared by MoEF&CC (Central Govt).
- Category B (Smaller mines): Cleared by State Environment Impact Assessment Authority (SEIAA).
b: Step 2: Submission of Form-1 & Pre-Feasibility Report: Project details, environmental baseline data, and impact assessment submitted.
c: Step 3: Public Consultation (Mandatory for Category A & B1)
- Public Hearing conducted at project site.
- Gram Sabha consent required for projects in Scheduled Areas (PESA Act)
d: Step 4: Appraisal by Expert Committee:
- Expert Appraisal Committee (EAC) reviews EC application.
- Conditions like pollution control, R&R, and biodiversity conservation imposed.
e: Step 5: Grant of EC:
- Validity: 5–10 years.
B:. Forest Clearance (FCA, 1980) – If Land is Forest:
a: Stage 1: In-Principle Approval:
- State Govt recommends diversion to MoEF&CC..
- Compensatory Afforestation (CA) Plan submitted (1:1 ratio).
b: Stage 2: Final Approval:
- After Wildlife Board clearance (if near protected areas).
- Net Present Value (NPV) of forest land paid (₹10–20 lakh/ha).
"Conditions
-Forest Rights Act (FRA, 2006) compliance:: Gram Sabha consent mandatory for tribal land.
- No-go zones (National Parks, Wildlife Sanctuaries cannot be diverted).
3. Wildlife Clearance (If Near Protected Areas):
National Board for Wildlife (NBWL) approval needed if mine is within 10 km of a National Park/Sanctuary.
4. Consent to Establish (CTE) & Operate (CTO) – State Pollution Control Board:
- CTE obtained before land acquisition.
- CTO required before mining begins.
5. Final Land Acquisition (LARR Act, 2013 or CBA Act for Coal);
a: For non-forest private land: Follow LARR Act (compensation + R&R).
b: For coal mines: Coal Bearing Areas Act (CBA, 1957) applies.
6. Key Challenges:
a: Compliance Burden: Multiple laws (LARR, FRA, PESA, EPA) increase complexity.
b: Litigation Risks: Landowners often challenge compensation.
c: FRA Compliance: Delays due to Gram Sabha disputes.
d: Local Opposition: CSR & community engagement critical.
e. Delays in Clearances: Avg. 3–5 years for forest/environment approvals.
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