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LATEST NEWS UPDATES | SC allows resumption of iron ore mining in Karnataka -Dhananjay Mahapatra

SC allows resumption of iron ore mining in Karnataka -Dhananjay Mahapatra

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published Published on Apr 19, 2013   modified Modified on Apr 19, 2013
-The Times of India


The Supreme Court on Thursday lifted the omnibus ban on iron ore mines in Bellary, Chitradurga and Tumkur districts of Karnataka and permitted 81 lease owners, who had committed minor violations, to resume mining after compliance of stringent conditions laid down by the courts.

Moving forward from its reference to illegal mining activity for decades under active political patronage as "a shocking state of depredation of nature's bounty by human greed", a bench of Justices Aftab Alam, K S Radhakrishnan and Ranjan Gogoi ordered cancellation of leases of 49 iron ore mines, terming them as major violators. Some of these were operated by the politically powerful Reddy brothers.

What was happening in Karnataka was unprecedented in the history of Indian environmental jurisprudence, the bench said, expressing surprise over the extent of devastation caused to nature and environment by rampant illegal iron ore mining.

Writing the judgment for the bench, Justice Gogoi said, "Proceeds of the sales of iron ore from 'C' category mines (the major violators) will stand forfeited to the state. The monitoring committee will remit the amounts held by it on this account to the special purpose vehicle for utilization in taking various ameliorative and mitigative measures in districts of Bellary, Chitradurga and Tumkur."

The proceeds of such sales ran into thousands of crores of rupees. In August last year, the SC's Central Empowered Committee (CEC) had submitted a report on collecting Rs 6,416 crore through e-auction of the illegally mined iron ore in all mines. The illegal mining had a huge political fallout in Karnataka with former CM B S Yeddyurappa's name linked to the scam.

The court put to rest all doubts on the legal sanctity of CEC and rejected all arguments about the validity of its recommendations. The court not only accepted an overwhelming majority of the recommendations but directed initiation of action on its basis.

In an important direction, the court continued its order stalling mining activities on the Andhra Pradesh-Karnataka border, allegedly carried out by the Reddy brothers with tacit support from former Andhra chief minister YSR Reddy, saying it would not resume till the state boundaries were demarcated by the Surveyor General of India.

Though the court allowed resumption of mining in several 'B' category mines with riders, it refused similar relief to seven mining leases, most of them owned by Ananthpur Mining Corporation and Obulapuram Mining Private Ltd, on the AP-Karnataka border.

The bench referred to the scathing attack on CEC on behalf of a lessee through senior advocate Dushyant Dave, who said the court-appointed environment panel had "virtually become a law unto itself making recommendations which is in defiance of both law and logic".

Dave said, "The implicit trust of this court in the said body has been misused, requiring a review by this court with regard to the continuance of the said body or at least in respect of a change in its present composition."

CEC's member secretary M K Jiwrajika bore the brunt of the attack in court. Unruffled by the attack, amicus curiae - senior advocate Shyam Divan and advocate A D N Rao - painstakingly presented the facts about illegal mining and its extent before the court.

The bench rejected Dave's charges and said, "Questions concerning the credibility of the CEC are absolutely unfounded, particularly in the absence of any material to substantiate the apprehensions, if not allegations, that have been leveled. The said body has been performing such tasks as had been assigned by this court by its orders passed from time to time.

"Needless to say, acceptance of the recommendations made by the CEC on the basis of which orders of the court are formulated is upon the satisfaction if the court. We, therefore, close the issue by holding the contentions made to be wholly untenable."


The Times of India, 19 April, 2013, http://timesofindia.indiatimes.com/india/SC-allows-resumption-of-iron-ore-mining-in-Karnataka/articleshow/19625552.cms


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