Order
1. In the Report dated 18-12-2008 of the Karnataka Lok Ayukta, it is, inter alia, stated that 1081.40 ha of forest area is under illegal mining/encroachment by way of mining pits, overburden dumps, construction of roads, etc., undertaken by various leaseholders outside their sanctioned mining lease area. The break-up of the said area, as given in the Report of the Karnataka Lok Ayukta reads as under:
Sl. No.
(in hectares)
1.
Encroachment in the form of extraction of iron ore (pit)
147.29
2.
Encroachment due to waste dumps
306.07
3.
Other type of encroachments
504.09
4.
Encroachment due to construction of roads to mines
124.90
Total encroachments
1081.40
Total length of the mining roads (in km)
180.42
2. Out of 99 cases dealt with in the Report, illegal mining/encroachment, as described hereinabove, is taking place in 74 cases (60 cases involve encroachment of forest areas) while, in the remaining 25 cases, the illegal mining/encroachment was not found/surveyed. This position is indicated by the relevant statements annexed to the CEC Report as Annexures R-52 and R-53.
3. In some of the cases, which are brought before us today, at the ad interim stage, we find prima facie that the input supplied to us on encroachment needs reverification before taking decision on the interim relief sought by CEC. The lessees complain that they were not heard on the question of encroachment. There are lessees who have orders in their favour of the High Court.
4. Since the matter(s) is at the stage of mentioning, we are of the view that under the above circumstances at this stage we must accept one of the recommendations of CEC being Recommendation (ii) by which CEC has suggested constitution of a joint team of senior representatives of the Forest Department and the Department of Mines and Geology of the State of Karnataka to carry out the demarcation of the leases concerned in the presence of the representatives of the mining leaseholders. However a request is made by Shri Prashant Bhushan, learned counsel for the petitioner in Writ Petition No. 562 of 2009 that the team should include the representative of the Karnataka Lok Ayukta.
5. Accordingly, we direct that the said team shall consist of the following:
(i) Senior representative of the Forest Department;
(ii) Senior representative from the Department of Mines and Geology, State of Karnataka;
(iii) Representative of the Karnataka Lok Ayukta; and
(iv) Member of CEC.
6. The said team will visit the site after giving notice to the lessee(s) concerned and in the presence of the lessee(s) concerned, the said team shall carry out the demarcation of the leases concerned on the ground as well as on the satellite images after taking into consideration the relevant sanctioned lease sketches, survey and demarcation sketch of the lease, sketches of the adjoining leases and other relevant information. On undertaking that exercise in the presence of the lessee(s) concerned if the joint team comes to the conclusion that there has been an illegal mining in the encroached area then the lessee shall forthwith stop all mining operations not only in the encroached area but in the entire leased demarcated area of that lessee concerned. The word “encroachment” will be understood to cover mining pits, overburden dumps, construction of roads, etc.
7. The report of the Joint Team will be placed before this Court on the reopening after ensuing summer vacation, on which date the lessees concerned who are directed to stop mining operations could respond. On that date their arguments will be considered.
Report No. IV of CEC
8. Report No. IV of CEC is converted into an interlocutory application. Issue notice on the interlocutory application.
9. Pending hearing and final disposal of the matter, till further orders, mining operations undertaken by M/s Lakshminarayana Mining Company shall immediately stand suspended, which will also include transportation of already mined iron ore. Place this matter in July 2011.
10. The interlocutory application filed by NMDC Ltd. is taken on record.
11. We request Mr Shyam Divan, learned Senior Counsel, to act as amicus curiae and assist us in these matters in future. CEC is directed to supply the requisite papers to the learned Senior Counsel.
Court Masters