Expressing dissatisfaction with the report of the Central Empowered Committee (CEC) on 99 mining leases in Karnataka, the Supreme Court on Friday set up a new team to conduct a fresh survey and to demarcate the boundaries of these leases in the Bellary-Hospet forest region.
A Forest Bench comprising Chief Justice S.H. Kapadia and Justices Aftab Alam and K.S. Radhakrishnan made it clear that after the survey if illegal mining or encroachments beyond their leases was identified, mining operations in those leases would have to be stopped.
The CJI observed that the CEC had not carried out the survey properly and nor did it identify whether illegal mining was being carried on in each of the mines. It would be necessary to have data on each of the mining leases if the court were to pass a restraint order against each of them.
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The Bench said the new team would comprise representatives of the CEC; the Forest and Mines and Geology departments of the State government and Karnataka Lokayukta.
The team would conduct fresh survey and demarcation of all the 99 leased mines in the presence of representatives of the mining firms and if any encroachment was found, the mining in the entire leased area would be stopped.
The Bench said: “If that team comes to conclusion that there has been illegal mining in the area outside the demarcated leased boundary, lessees shall stop mining not only in its encroached area but in the entire lease area.” It clarified that the encroachment area would also include pits, dumps and roads constructed by the mining firms in the forest and revenue areas.
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Acting on a writ petition filed by the Samaj Parivartana Samudaya, the Bench had directed the CEC to conduct a survey of all mines and submit a report. Accordingly, the CEC submitted four reports, each giving a list of mines. Last week, the Bench took up two reports pertaining to 19 mining leases and restrained them from carrying on mining operations, including transportation of extracted iron ore, until further orders.
On Friday, the Bench considered the third and fourth reports. While fresh survey was ordered for 99 mining leases, in respect of one company mentioned in the fourth report, the Bench stopped it from carrying on operations.