Respected Sir,

Greetings of the Day

I am SHARAD SATRAMWAR, Dy. General Manager (Lease, Land & Liaison) at YIPL for their MM II Coal
block at Zari Jamni.

Both of the companies allocated the coal block vide auction conducted in 11 th Tranche(1st Tranche of
MMDR) and have been vested with the coal block vide vesting order on 03.03.2021. I have gone through
your vesting order, except block boundary mentioned in the schedule I of vesting order, no land, mine
infrastructure, statutory permissions are vested to you. Your land as owned by the previous allottee has
been attached by ED and a litigation is going on in Delhi HC, Judiciary bench disposed off the appeal by
directing to deposit Rs. 5,51,07,663/- to the ED as per the valuation carried by NA-Moc but ED
conducted its valuation which is to the tune of Rs. 13.5 Cr. Therefore, Judgement also included to
furnish a BG of the difference amount to the ED. But final order is still to declare and the case is listed on
September 12, 2022. This may continue like this again date and date and date……….

As per CMDPA, being a schedule II coal mine a commencement plan might have been given by you
assuring to complete the milestones to start the mining operation timely. Subsequently you realized that
the land and mine infrastructure of the prior allottee as vested by NA-MoC to you had already attached
by ED and hence commencement plan may not be adhered to as a consequence, performance bank
guarantee to the tune of Appx. 100Cr. May be appropriated hence you rushed to NA-MOC and a review
meeting held on 17.06.2021 NA-MoC requested NA-MOC to look into the matter. This is reflected in the
MoM issued by office of the NA-MOC on 19 th July 2021.

Expecting that Your company might have remitted all the four installments 25% each of upfront
payment, 1st to NA-MOC and Rest 3 to the State Govt.

Why I depicted the scenario above? Because company has put a huge money but the major constraint
land is still not resolved yet. Don’t know the staff appointed is conversant with the subjects or not? Two
persons Mr. Haque & Mr. Matte, I know them since I was in EMTA and was senior in position to they
hold while in EMTA. I know that their knowledge w.r.t. land and the relevant legislation governing the
land is not up to the mark as this is not their subject. Actually, speaking a person having knowledge in
the development of project or pre mining activity supposed to be deployed by company. Particularly
where public consultation and land acquisition is involved, local person speaking in fluent Marathi and
having a sound knowledge of pre mining including Lease, Land and liaisoning shall be recruited to
expedite the work.

Following are the activities involved in commencement of the project after allocation of block

1. DGPS Survey & Certification from the office of DGM, Nagpur

2. TILR Survey for ascertaining the land parcels involved in the project vis a vis certification of
non-forest land involved.

3. Mining Lease Application to State Govt.

4. Preparing, Submission & Approval of MP from MOC

5. Application of Previous approval

 6. Forest Clearance

7. Environment Clearance

8. Wild life Clearance

9. Approval for Nallah /River Diversion- Dept of Irrigation

10. Approval for diversion of Power line/Rail/Road etc.

11. Permission to draw Water (CGWB)

12. Permission to draw Power

13. Consent to Establish /Operate

14. Grant of Mining Lease or Notification under section 11 of CBA Act,1957, as applicable
15. Land Acquisition of land and R&R to reach rated capacity as per approved mining plan
16. Intimation to DGMS for Mine opening

17. Approval for use of Explosive & Licence for Storage of Petroleum

18. Permission under Factories Act,1948

19. Permission for use of Radio Frequency (Walky-Talky) Communication System

20. Labour related Permissions

21. Opening of Escrow Account

22. Application for Seam Opening permission CCO

23. Mine Opening u/s 48 of MLRC 1966- Collector Chandrapur

Don’t Know what is the Current status of Belora coal block wrt above activities.

 TILR survey is very hectic and time taking process. In mine project six months are over after
application and 4 months after payment of official fees, no notices are served yet. This scenario
is common to every district in Maharashtra, because of shortage of man power and huge
burden of Govt. as well as private land measurements the work can not be completed in given
time frame even after considering a huge out of pocket expenses.

 Mining Lease execution will not take place in the absence of TILR survey. This is primary
ingredient of execution along with DGPS Survey and other statutory clearances/approvals.

As per as my knowledge is concerned ToR has been granted observation/data collection has been
started for EIA studies. It also revealed from the discussion with the villagers that consultant didn’t carry
observations in the core villages under block. During Public hearing, if such discussion is recorded by
MPCB, you will be asked to complete the observations incomplete/left over. Again, loss of money, time
etc. To avoid these situation, Data collector/ person doing EIA study shall get endorse from the person
whose services are used for taking observations besides sarpanch of the villages. This document will
serve us if during PH people alleges.
Public hearing is an important instrument for obtaining Environmental Clearance. As the name itself is
indicative that public participation is crucial while deciding environmental clearance/SIA clearance .
Thus, amicable corporate relation with the public is the key to the success of project. Hence corporate
members should always be in touch with the people, shall be helpful and not hostile/adamant. Merely
sitting in the office far from the actual affected villages due to project and not entering into the villages
as people are staunch opponent and may result in physical assault will not serve the purpose. Land
acquisition process at your project is hampered by lack of subject specific, conversant and efficient
manpower. If, proper methodology would have been adopted probably 25% of the total land would
have been bagged by the company during this one-year time after vesting of block.

METHODOLOGY FOR SMOOTH FUNCTIONING OF LAND ACQUISITION AS WELL AS THE PROJECT IS

GIVEN UNDERNEATH FOR YOUR PERUSAL.

ACTUAL RATES (LAWFULLY) WILL BE INTIMATED TO YOU LATER. THIS REQUIRES COLLECTION OF DATA
AND EVALUATION IN LINE WITH THE PROVISION OF RTFCLARR-2013

 LAND ACQUISITION: - For any project acquisition of land has always been a hectic issue if not
done properly and lawfully.

 I heard that Company is carrying out SIA and obtaining of Consent from the PAPs. This
implies that, company may be acquiring the land with the provisions of Right to fair
compensation & transparency in land Acquisition Rehabilitation & Resettlement Act
2013 (Central Act). As the act enables for a private entity to obtain 80% of to apply to
the State Govt. for initiating Acquisition process. Similarly, I came to know that
Company’s staff is not visiting the villagers at their doors whereas they are inviting PAPs
at their office at Chandrapur to fill up the forms and grant Consent.

 I would like to manifest here that the PAPs attending your office for granting their
consent is not a true residents of project affected villages, their land is situated in an
affected area whereas they are residing somewhere in the different towns. Eventually,
original/prime residents of the villages affected, they are more important than the
outsiders as during Public Hearing/ Issuing NOC from gram sabha original residents will
play an important role to decide your victory/failover. Your staff is not vising these
villages reveals that they are not conversant of how to tackle this mob and OR due to
their misbehavior/hostility/adamancy they might have become the victim of people’s
anger/fury.

 Now let me talk over the legal aspects of Land Acquisition for which RFCTLARR-2013 is
an instrument.

1. Did company make Land acquisition application to State Govt. for acquiring the land
under the said legislation?

2. Did appropriate Govt issue any notification to consult the villagers in an affected
area to carry out SIA? If not, then how did company is recording consents of the
affected population by calling them in their office at Chandrapur? This is unlawful
(pl. refer to the section 4 (1)(2) of RFCTLARR-2013). Appropriate Govt. decides
which agency will carry SIA for ensuring the consents, In Maharashtra YASHADA,
 BARTY are the Govt. agencies engaged by an appropriate Govt for the purpose of
SIA. I am sure that company didn’t apply to the State Govt. for acquisition hence the
entire process adopted by you is futile. Almost waste of money.

 Land intended to be acquired through RTFCLARR-2013 takes 3 Yrs. to vest the land with
the requiring body. State Govt. will ask you to bear the salary of staff sitting at Land
acquisition office besides the maintenance expenses of the LA office. Similarly, you will
require to provide a dedicated vehicle along with driver and fuel to LAO/RRO for
commutation till the land doesn’t vest with the company after award. Most importantly,
out of pocket expenses from LAO to the peon, you will be asked to pay on monthly basis
till the acquisition is not over. This is apart from the actual award value. I deed this for
EMTA but during that time colonial act LAA 1894 was in force and the amount of land
value besides other immovable asset to be paid to the affectee was very meagre. But
after the implementation of RTFCTLARR Act 2013, generally private players do not use
this instrument for land acquisition as the compensation worked out using the provision
of this Act is very huge. (Read the section 30(2) along with the first schedule).

 You will be surprised to know that State Govt. projects are also avoiding land acquisition
process laid under this Act. They are also purchasing the land via private negotiations, I
have the GR & circulars proving that Irrigation Dept., PWD, NHAI etc. are purchasing
land privately rather than applying to the Appropriate Govt. for acquisition.

 The best remedy over this to purchase a land through private negotiation. I have
adopted the same tool when I was with KECML (Baranj OC Mine) who is your
neighboring project. I have even purchased the houses in to the Gaothan (Shifting) via
private negotiation by entering into an agreement with the PAPs. You might have
noticed while going to Chandrapur from Your project location, a road is diverted from
kondha nallah to Bhadrawati, land involved in this road was purchased by me via private
negotiation vis a vis Govt. land and tribal land were transferred after obtaining
necessary permissions from Mantralaya as per the legislation.

ONE SHALL ALWAYS FIGHT WITH THE PROBLEMS HEAD ON. (I liked the lines quoted in
your WhatsApp A/c. क्या हार मे क्या जीत मे .............जो मिले यह भी सही वह भी सही)

Moral of the say is, avoiding the main resident of affected village as they are not
cooperating, just by saying that they are creating nuisance will not find the solution,
whereas these are prime resident of the affected village and they will never happen the
project to run smoothly if not taken into confidence.

 When I was working with KECML (Baranj OC) on land acquisition, local people never
allowed me to enter into the village, whereas they were after me with weapons in their
hand. It took a lot to develop a confidence into the primary villagers that I am not to
exploit them whereas I am a part and parcel of their community and working for their
betterment though I am on the role of company. I still remember, EMTA company
appointed a GM Level person retired from WCL Revenue department to deal with the
 local villagers. He was always under impression that he is ex officio of CIL and was
behaving accordingly with the villagers. At one fine day, people trapped him and
assaulted like anything, the very next day he quit. Winning a masses hearts is not a piece
of cake, your behavior shall always make them to think that you are their well wisher
and not an enemy.

 Now this confidence has to be developed within the residents of the affected villages
(11 villages in your project.) by conducting mass meetings, Gram sabhas etc. A person
conversant with land acquisition and the laws can do this. Otherwise, merely employing
people who are not known to in depth/conversant (w.r.t. to land acquisition & shifting)
will not serve the purpose. Most importantly, if villagers have a bad opinion about any
of the staff of your company, don’t let him to confront them till the situation is under
control.

 STEPS INVOLVED IN PURCHASING THE LAND THROUGH PRIVATE NEGOTIATION

1. Work out a fair rate suitable to both company as well as Land affected.
While calculating the rate sales transaction and RR method shall be
considered. The rates worked out shall be such that it should be accepted
by the affected vis a vis it should not affect the financial feasibility of Govt.
projects in the vicinity of our project. Discuss with the Affected persons
while delineating the rate for their land. Definitely your estimations and
their expectations will never match. Always be amicable with the villagers
than hostile. Don’t forget that we are evaluating the cost of their ancestral
property which is very sensitive issue and should always be worked out
mutually and not adamantly. This is a skillful process to be handled by a
person experienced otherwise sometimes people may become aggressive
resulting into a physical assault.

2. Make an agreement by forming a land acquisition committee inhouse, and

start purchasing the land immediately. Current Ready Reckoner is declared
by GoM recently for year 2022-23, the land transaction rates are escalated
by 10%.

3. I heard that your staff members have assured management that they can
procure the land by paying Rs. 15 Lakh/Acre. If yes, that will not work. Let
me make you aware with the present scenario at Marki Mangli III which is
operating mine by B.S.Ispat, the management has fixed up Rs. 25 Lakh/Acre
and the fact is that these villages are in the deep interior not situated near
the High Way as in your case. The actual cost recorded in the sales
transaction records available at Sub registrar office is just Rs. 4.0 Lakh to 6.0
Lakh per Acre. My management (Marki Mangli II) also accepted the same
rates (@ Rs. 25 Lakh/Acre). On the contrary, Takli-Jena-Belora block is
situated on the Major State highway and the rates as delineated in the RR
for land situated near High way is very high and the unit used for the land
situated near high way is in Square Meter. (As per RR Rs. 1070/Sq.m is the
current rate of land situated in TAKLI village ) vis a vis Rs. 10 Lakh is the Rate
 for the lands situated distantly from the state high way. While delineating
the rates we have to average it so that everybody will get the same cost per
acre for their land. WHILE DELINEATING THE rate for purchasing through
private negotiation, it should be REALISTIC, shall not be for the purpose of
pleasing management, Otherwise, it may lead to the nuisance by the land
owners and definitely delays the time line fixed for commencement of the
project.

4. LET ME TELL YOU, THE COAL MARKET IS ON BOOM NOW A DAY, AND THE
SELLING COST PER TON IS APPROX. Rs. 8,00,000/- FOR G-10 & 11 GRADE OF
COAL. YOUR RESERVE QUANTITY & QUALITY IS GOOD. THE COST INCURRED
ON LAND & REHABILITATION MAY BE RECOVERD WITHIN A YEAR OR TWO. I
DON’T KNOW WHAT PICTURE HAS BEEN PUT BEFORE YOU BY YOUR
WORKING STAFF BUT I WOULD SUGGEST YOU, “THINK RATIONALLY”.

5. If you want to get rid of the public and nuisance created by them every
time, evict them by buying entire land under your project and mutating the
same in your name. Until, all the rights and titles of the PAPs are not
transferred to you, project implementation wouldn’t speed up.

6. In connection with Rehabilitation in MAHARASHTRA, R&R is governed by

Maharashtra Project Affected Person’s Rehabilitation Act, according to
which industrialist is not allowed to commence project before
rehabilitation/resettlement of the villages included in the project is
completed (आधी पुनर्वसन मग प्रकल्प). This is most important hurdle. I will share the
GR with you actually not available in a soft copy right now.

7. As far as possible, local consultants good in vernacular language (particularly

Maharashtrian) shall be engaged for obtaining statutory permissions. They
are conversant/ known to the local scenario and is helpful in expediting the
work more efficiently than others.

HOPEFULLY THIS LITERATURE WILL SERVE YOUR PURPOSE

Regards

SHARAD SATRAMWAR