central empowered committee report (i) of the cec in writ petition
central empowered committee report (i) of the cec in writ petition central empowered committee report (i) of the cec in writ petition
A copy of the note received from the State of Karnataka in this regard is enclosed at ANNEXURE–R-76 to this Report. IX. TRANSFER OF MINING LEASES BY WAY OF RAISING CONTRACTS / SUB - LEASES. 14. The Lokayukta, Karnataka in its Report has given details of the 39 leases in which the concerned leaseholders have transferred their mining leases by way of raising contracts or sub-leases including two such agreements entered into by M/s. Mysore Minerals Ltd. with M/s. K. Mark and Narayana Mining (P) Ltd. As a follow-up action, the Director, Mines and Geology issued notices to all the 37 leaseholders, (excluding M/s. Mysore Minerals Ltd., which is a State Govt. Undertaking) and calling explanation. 31 lessees have furnished replies stating that they have not given any raising contract and that they are having financial and administrative control over the lease area and have not violated any rule. The details of the notices issued, replies received and documents produced by the respective lessees are given in the statement enclosed at ANNEXURE–R-77 to this Report. 15. During the site visit, it was confirmed by the concerned officers of the State of Karnataka that no action has so far 12
een taken to verify the details of the alleged raising contracts / sub-leases mentioned in the Lokayukta Report with reference to the details of the payments made by cheque for royalty, payments received in the bank accounts of the lessees for the sale of the mineral, transport charges paid, details given in the audited Balance Sheets filed along with the Income Tax Returns, even through verification of these documents it could have been easily established whether the lessee has entered into raising contract / sub- lease or not. It has also been informed that the matter regarding raising contract was referred to the Law Deptt. and that the Advocate General has given his opinion on 23.3.2011 stating that raising contracts would be contrary to the Mineral Concession Rule, 1960. The file is under submission to the Chief Minister, Karnataka seeking orders to take necessary action as per the opinion given by the Advocate General and that after approval of the Chief Minister, further course of action in accordance with law will be initiated immediately. A copy of the response filed by the State of Karnataka before the CEC is enclosed at ANNEXURE–R-78 to this Report. 16. From the above, it is seen that after filing of the Report of the Lokayukta, Karnataka, practically for the last 2-1/2 years, no effective action has been taken by the State of 13
- Page 1 and 2: CENTRAL EMPOWERED COMMITTEE REPORT
- Page 3 and 4: 15.3.2003 and other related notific
- Page 5 and 6: een filed by the CEC (Report (Inter
- Page 7 and 8: Karnataka comes to Rs.15,245 crores
- Page 9 and 10: 8. Subsequently when the inspecting
- Page 11: zone and afforestation are provided
- Page 15 and 16: forest land. In Bellary District, t
- Page 17 and 18: officers of the State of Karnataka
- Page 19 and 20: with the active connivance of the o
- Page 21 and 22: sensitive positions are also simult
- Page 23 and 24: CENTRAL EMPOWERED COMMITTEE REPORT
- Page 25 and 26: merger Agreement inter alia conferr
- Page 27 and 28: the details of the areas notified u
- Page 29 and 30: 8. Large tracts of areas in Karnata
- Page 31 and 32: 10. From the above it may be seen t
- Page 33 and 34: 5. 2646 M/s Shiva Vilas Trust 6. Sh
- Page 35 and 36: non-forest land. Falls in de-reserv
- Page 37 and 38: the Divisional Forest Officer. A st
- Page 39 and 40: have been provided by the Karnataka
- Page 41 and 42: favour of M/s Shiva Vilas Trust, wh
- Page 43 and 44: Hon’ble Karnataka High Court are
- Page 45 and 46: sanctioned lease area, the Lokayukt
- Page 47 and 48: notification issued under Section 4
- Page 49 and 50: directed to be undertaken in a time
- Page 51 and 52: y them because of mining leases ill
- Page 53 and 54: However, the formal approval under
- Page 55 and 56: 16.3.2011 (enclosed at ANNEXURE-R-4
- Page 57 and 58: 7. There have been consistent compl
- Page 59 and 60: demarcated the mining lease of M/s.
- Page 61 and 62: satellite imageries. During the sit
A copy <strong>of</strong> <strong>the</strong> note received from <strong>the</strong> State <strong>of</strong><br />
Karnataka <strong>in</strong> this regard is enclosed at ANNEXURE–R-76 to<br />
this Report.<br />
IX. TRANSFER OF MINING LEASES BY WAY OF<br />
RAISING CONTRACTS / SUB - LEASES.<br />
14. The Lokayukta, Karnataka <strong>in</strong> its Report has given<br />
details <strong>of</strong> <strong>the</strong> 39 leases <strong>in</strong> which <strong>the</strong> concerned leaseholders<br />
have transferred <strong>the</strong>ir m<strong>in</strong><strong>in</strong>g leases by way <strong>of</strong> rais<strong>in</strong>g<br />
contracts or sub-leases <strong>in</strong>clud<strong>in</strong>g two such agreements<br />
entered <strong>in</strong>to by M/s. Mysore M<strong>in</strong>erals Ltd. with M/s. K. Mark<br />
and Narayana M<strong>in</strong><strong>in</strong>g (P) Ltd. As a follow-up action, <strong>the</strong><br />
Director, M<strong>in</strong>es and Geology issued notices to all <strong>the</strong> 37<br />
leaseholders, (exclud<strong>in</strong>g M/s. Mysore M<strong>in</strong>erals Ltd., which is<br />
a State Govt. Undertak<strong>in</strong>g) and call<strong>in</strong>g explanation. 31<br />
lessees have furnished replies stat<strong>in</strong>g that <strong>the</strong>y have not<br />
given any rais<strong>in</strong>g contract and that <strong>the</strong>y are hav<strong>in</strong>g f<strong>in</strong>ancial<br />
and adm<strong>in</strong>istrative control over <strong>the</strong> lease area and have not<br />
violated any rule. The details <strong>of</strong> <strong>the</strong> notices issued, replies<br />
received and documents produced by <strong>the</strong> respective lessees<br />
are given <strong>in</strong> <strong>the</strong> statement enclosed at ANNEXURE–R-77 to<br />
this Report.<br />
15. Dur<strong>in</strong>g <strong>the</strong> site visit, it was confirmed by <strong>the</strong> concerned<br />
<strong>of</strong>ficers <strong>of</strong> <strong>the</strong> State <strong>of</strong> Karnataka that no action has so far<br />
12
Change language