SC allows Reddy brothers to resume mining

However,the judicial order delivered by Justice Deepak Verma on Monday directed the brothers to discontinue mining whenever the Survey of India (SoI) approaches them.

Incidentally,Solicitor General Gopal Subramanium,representing the SoI,had strongly recommended that the mining operations in the area be completely brought to a halt for the next three to four months as the entire region,including the lease areas and the disputed inter-state boundary,has to be re-drawn from scratch.

“Officers need protective cover. They need three months to complete the base map,” the SG had submitted.

Attorney General G E Vahanvati,appearing for the Andhra government,had then seconded Subramanium to appraise the court that “it is impossible to survey the areas with the mining on”.

Senior advocate Mukul Rohatgi,appearing for the Reddys,had vehemently protested Subramanium’s submission,saying that OMC would provide the survey team with all facilities and would stop mining in the particular area to be surveyed.

Rohatgi had said the court should allow them to continue mining in areas where the survey was not being done.

But Justice Verma had during that hearing expressed doubts on how the Reddys would “oblige” their international markets if asked to stop mining for three months.

To a question from the Bench as to how the Reddys would “fulfil their contractual obligations to the international market” if their mines are suspended for three months,Vahanvati chose a counter-question as his answer: “But what if the survey finally finds that they (Reddys) have really encroached into the forests? These are reserve forests of 1890,the consequences will be immense.”

On Monday,Justice Verma cautioned Rohatgi that “whenever,the Survey of India asks you (OMC) to stop mining,you will stop”.

The court then directed the SoI to complete the process of demarcating the Andhra Pradesh-Karnataka border within two months. It further asked the Karnataka government to appoint officials from its forest and mining departments to assist the survey team in fixing the boundary.

The Reddys,who have three leases — covering 68.5 hectares,39.5 hectares and 25.98 hectares — have been accused of encroaching into the Bellary reserve forests.