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LATEST NEWS UPDATES | SC: Implement reclamation, rehabilitation plans for mines-J Venkatesan

SC: Implement reclamation, rehabilitation plans for mines-J Venkatesan

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published Published on Apr 14, 2012   modified Modified on Apr 14, 2012

The Supreme Court on Friday accepted the report of the Central Empowered Committee and directed the implementation of reclamation and rehabilitation plans for all three categories of mines in the districts of Bellary, Chitradurga and Tumkur in Karnataka.

Implementing plans

A three-judge Bench of Chief Justice S.H. Kapadia, Justice Aftab Alam and Justice K.S. Radhakrishnan said that the R and R plans should start immediately. The Bench said: “It is made clear that preparation, implementation and monitoring of Reclamation and Rehabilitation Plan will be under the supervision of CEC.”

On the plea made by counsel for parties to allow mining operations in `A' category in view of depleting stocks, the Bench said: “The CEC shall inform this court, next week, whether the suggestions with regard to stockyard and preparatory work for Category `A' can be started.”

When counsel pointed to the devastation caused to the economy due to stoppage of mining, the CJI said, “We have experience during the past six years that if you give window, whole lot of violations will take place and matters come to court. Restoration of environment is the top priority.”

‘Situation bad'

Senior counsel Fali Nariman told the court that the situation was fast deteriorating. After some time, it might lead to a situation where nobody would be able to mine in these areas, he said and wanted the court to allow mining at least in those mines where no illegality was found.

On behalf of Teja Works, an application was filed bringing to court's notice that the CEC had erred in the categorisation of mining leases. It said “the mining leases, which are placed in `A' category, ought to have in `C' category and vice versa.

The paradox is that a mining lease of 100 hectares is allowed to encroach upon five hectares of ore rich mining pit, illegally mine five million tonnes of ore worth Rs. 1,500 crore and still be retained in category `B' while a five hectare mining lease, encroaching upon 0.26 hectares mining pit more by accident which is not wanton is placed in `C' category.”

In its order the Bench said: “Having considered the recommendations contained in the report of CEC dated March 13, we accept the said recommendations, viz “the findings of the joint team and as modified after careful examination by the CEC may be accepted and directed to be followed by the authorities concerned and the respective leases, notwithstanding anything to the contrary. The boundaries of the mining leases should accordingly be fixed on the ground; a ceiling of 25 million metric tonnes (MMT) for total production of iron ore from all the mining leases in District Bellary may be prescribed. A ceiling of 5 MMT for production of iron ore from all the mining leases in districts Chitradurga and Tumkur together may be prescribed; the ‘proposed guidelines for the preparation of the R&R Plans' may be approved by this court and the prescriptions/provisions of the R&R Plans, prepared as per these guidelines, may be directed to be followed by the respective lessees and the concerned authorities; the sale of the iron ore should continue to be through e-auction and the same should be conducted by the Monitoring Committee constituted by this Court.”

Supreme Court accepts report of the Central Empowered Committee

‘Implementation, monitoring of the plan will be under the supervision of the CEC'

The Hindu, 14 April, 2012, http://www.thehindu.com/todays-paper/tp-national/article3313145.ece


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