Karnataka: SC Lifts Ban on Mining on Select Leases
Partially lifting its ban on mining operations in Karnataka ordered more than a year back, the Supreme Court today gave its green signal for extraction of iron ores on 18 leases subject to certain conditions being fulfilled.

A three-judge forest bench headed by Justice Aftab Alam accepted the report of the apex court-appointed Central Empowered Committee (CEC) which had said 18 leases be allowed to carry on their business in the districts of Bellary, Tumkur and Chitradurga as they have not violated any rules.

However it said the permission to commence mining will not come in the way of any investigation or inquiry which are pending against these 18 mines.

"In the light of the recommendation of the CEC, the ban imposed on mining operations in all the mining leases (excepting two mining leases of NMDC Ltd.) in the districts of Bellary, Tumkur and Chitradurga by orders dated July 29 and August 26, 2011 is lifted in respect of the 18 "Category A" mines as enumerated in the report.

"Mining operations in those 18 'Category A' may commence to the extent of the permissible annual production as determined by the CEC and as indicated in the report," the bench also comprising justices K S Radhakrishnan and Swatanter Kumar said.

However, the bench made it clear that "no mining operation under any of the mining leases shall take place unless all the statutory sanctions, permissions and approvals are subsisting."

In case, after the resumption of mining operations in terms of this order any statutory sanction, permission or approval is lapsed or is not renewed in time, the mining operations would remain stopped until they get the required sanction, the bench said.

The bench also made it clear that the permission for resumption of mining operations shall not come in the way, in any manner whatsoever, in any investigation, inquiry or proceedings that may be pending against any of the 18 mining leases covered by this order or that may be instituted against any one of them in future.

"The report of investigation, inquiry or proceeding in respect of any of the 18 leases should also be submitted before this Court," the bench directed.

Elaborating the conditions, the bench said mining operation shall be subject to compliance with all the statutory requirements and the full satisfaction of the Monitoring Committee dealing with the issue.

It said it has to be ensured that steps for implementation of the R&R Plan in the leasehold area are proceeding effectively and meaningfully.

The bench said the CEC shall, upon inspection, submit a report within a month to this Court that any or all the stated 18 'Category A' mine owners have fully satisfied the requisite conditions.

It shall be reported that the mining activity is being carried on strictly within the specified parameters and without any violation, it said.

It said in case the Monitoring Committee finds any slackness in the implementation of the R & R Plan in leasehold area under a mining lease, it will apprise the CEC in that regard.

It would be open to the CEC to direct suspension of the mining operations under the concerned mining lease and to report the matter to the apex court, the bench said.

In the order, the bench said among the 18 'Category A' mines, there are six mining leases to which the general directions given shall apply subject to further conditions. The court identified the leased where other conditions would be applied.
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