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This is an archive article published on April 21, 2012

SC proposes partial resumption of Karnataka mining

This follows a recommendation from the Supreme Court-appointed Central Empowered Committee (CEC) investigating illegal iron ore mining in the state,especially in Bellary,Chitradurga and Tumkur districts.

In a relief for the mining industry,the Supreme Court today proposed resumption of operations in 45 iron ore mining leases in Karnataka,provided they abide by the Reclamation and Rehabilitation (R&R) plan put in place.

This follows a recommendation from the Supreme Court-appointed Central Empowered Committee (CEC) investigating illegal iron ore mining in the state,especially in Bellary,Chitradurga and Tumkur districts. The 45 mines include those of NMDC,Mineral Enterprises Ltd and two leases of Mysore Minerals Ltd,among others. Termed ‘Category A’ leases,a 61-page report of the CEC in February 2012 had stated that the 45 leases,both working and non-working,were found guilty of “no or marginal illegality” in their operations. While it had recommended the resumption of operations in 45 mining leases,the CEC had sought outright cancellation of 49 others.

A third group of 72 leases,the CEC had recommended,should pay a penalty or “exemplary” compensation of a total Rs 6 crore per hectare for operating “mining pits” and “burden dumps” outside sanctioned lease areas. “As far as Category A is concerned the report of the CEC is accepted with a specific clarification that individual R&R reports for each mining lease would specify unbroken forest areas. Mining which is to be resumed in appropriate cases falling in Category A shall not extend to these unbroken forest areas,” the court said in this order.

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The court also directed the environment ministry to “re-visit” the statutory clearances it had given to these mines “in the light of the R&R” plans now in place.

The court further permitted the sale of iron ore via e-auction from those stockyards in Category A. “We do not want the economy to suffer,not even the state’s economy,” the court said.

The court put a stop to protests raised by miners in the other two categories,by asking them to accept the R&R plans and guidelines suggested by the CEC or continue face the ban.

“If any lessees’ rights are affected,you will be at liberty to approach the appropriate court concerned,but the dispute will be decided in the light of the R&R implementation,” the court insisted. In its report,the CEC had described the extent of illegal mining as a result of the “blatant connivance of the officials and public functionaries concerned”. “What is more there has been an all-round degradation of environment with all its attendant problems because of the unsatiable greed of a few,” the CEC had said.

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On the group of 72 mining leases,CEC had reported that mining pits or dumps were found outside sanctioned lease area. These pits and dumps were as big as 10 or 15 per cent of their commissioned lease area. The CEC had recommended that they pay penalty of “Rs 5 crore for per hectare of the area found by the joint team to be under illegal mining pit”. The same category was recommended to be made to pay Rs 1 crore for per hectare of the area found to be under “illegal over-burden dump”.

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