SC suspends mining activities in Bellary

New Delhi, Jul 29 (PTI) In the midst of a political
upheaval in south Indian state Karnataka, the Supreme Court
on Friday ordered immediate suspension of mining and
transportation of iron ore from Bellary district of the state
saying "over-exploitation" of the area has caused large-scale
environmental degradation.
The apex court passed the order by taking note of the
latest 23-page report of its expert panel, Central Empowered
Committee (CEC), which said most of the miners in the region
were indulging in illegal mining causing considerable
emvironmental damge.
A bench headed by Chief Justice S H Kapadia said a
"holistic" view was required in view of the July 28 report of
the CEC which indicated that mining of iron ore in the
Bellary-Hospet forest region of Karnataka, was going on
"without sufficient infrastructure".
The order came two days after Karnataka Lokayukta
(state anti-corruption ombudsman) Justice Santosh Hegde, a
retired apex court judge, brought out a detailed report on
rampant illegal mining in the districts of Bellary, Tumkur and
Chitradurga and its adverse impact on the environment and the
people of these areas.
Besides Chief Minister B S Yeddyurappa, the report had
indicted mining barons and ministers, the Reddy brothers,
companies and officials in the illegal mining that has led to
a political storm and the ouster of the chief minister.
The apex court today said its order of April 29 and
May 5 restraining 19 lease holders from mining and the report
of the survey team appointed by it recommending that violators
will have to stop work in their entire lease area have to be
expanded.
"In continuation of our earlier orders of April 29 and
May 6, we are of the view that mining operations and
transportation in an area ad-measuring approximately 10,868
hectares in Bellary District be immediately suspended till
further orders," the bench, also comprising Justices Aftab
Alam and Swatanter Kumar, said.
"We are satisfied that, on account of
over-exploitation, considerable damage has been done to the
environment. We are taking a holistic view of the matter. We
have suspended these operations keeping in mind the
precautionary principle which is the essence of Article 21 of
the Constitution", the bench said while ruling out suggestions
that it should wait for the outcome of reports from other
regions of the state.
The court said it would also pass orders relating to
two other districts of Tumkur and Chitradurga, also the
hot-bed of illegal mining, after getting the environment
impact assessment.
"We further direct the CEC to submit a report on
Environment Impact Assessment on account of mining in Tumkur
and Chitradurga Districts within a period of three weeks," the
bench said.
The special forest bench, which stressed the need for
working out a formula to engage only the public sector
undertaking (PSU), for mining in Bellary region, asked
Attorney General G E Vahanvati to come out with the
suggestions in consultation with the concerned departments
within a week on some pointed questions.
"In the meantime, we direct the Ministry of
Environment and Forest (MoEF) to submit an interim report
indicating what is the requirement of the steel industry in
India as far as iron ore is concerned.
"Secondly, out of the total requirement of the steel
industry, how much is met by the Bellary mines. Lastly, how
much of the quantity of iron ore is domestically required and
internationally exported?
"The MoEF will obtain this requisite information from
the Ministries of Mines, Steel and Commerce," the bench said.
It directed the Secretary, MoEF, to immediately
convene a meeting of the Secretaries of the concerned
Ministries and furnish a report within a week.
During the hearing, the bench said the state
government will also work out the measures for rehabilitation
of the region and the parties involved will have to make the
financial contribution as everyone has to contribute for its
restoration.
Further, the state government will have to fix the
royalty on the export of iron ore on the basis of the
international rate.
The court also made a remark that the Bellary issue is
a reflection of the "hidden economy" being exported abroad.
While passing the order, the bench cited the Haryana
mining case where the apex court had banned mining in the area
of Aravali till the damage is restored.
The bench had on May 6 ordered forming of the joint
team of representatives of the Forest Department and the Mines
and Geology Department of the state government besides those
of Karnataka Lokayukta and the court-appointed Central
Empowered Committee (CEC).

As per the mandate, the team was to conduct a survey
and demarcation of 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 stop.
The apex had court directed the joint team to visit
the site of all the 99 mines to carry out the demarcation.
The team had earlier recommended a halt to mining
operations of S B Minerals owned by Hospet MLA Anand Singh,
Tungabhadra Minerals, BMS Mining Company, Nidhi Minerals, B R
Yogendranath Mining Company, Jeenath Minerals, KLD Mining
Company and Lakshmi Minerals among others.
It had, however, given a go-ahead to Allam Prashanth
Mines Company, Tiffan Beretis Mining Company and Nadim
Minerals.
There are 148 iron ore mining leases sanctioned in
Bellary district, out of which 124 are existing. The team has
submitted a report regarding 60 mines, out of which 45 are
involved in "substantial illegal mining."