26.11.2012 Views

central empowered committee report (i) of the cec in writ petition

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aga<strong>in</strong>st <strong>the</strong> same. In addition to <strong>the</strong> provisions <strong>of</strong> <strong>the</strong> Forest<br />

(Conservation) Act serious violation <strong>of</strong> <strong>the</strong> provisions <strong>of</strong> <strong>the</strong><br />

MMRD Act, M<strong>in</strong>eral Concession Rules and <strong>the</strong> various<br />

notifications issued by <strong>the</strong> State Government was allowed to<br />

take place. False <strong>in</strong>formation was provided by <strong>the</strong> Director <strong>of</strong><br />

M<strong>in</strong>es and for which no action was taken aga<strong>in</strong>st him. Four<br />

cases <strong>of</strong> m<strong>in</strong><strong>in</strong>g outside <strong>the</strong> sanctioned lease area were<br />

detected dur<strong>in</strong>g <strong>the</strong> visit <strong>of</strong> <strong>the</strong> Lokayukta, Karnataka.<br />

However, FIR was lodged only <strong>in</strong> one case and <strong>in</strong> <strong>the</strong><br />

rema<strong>in</strong><strong>in</strong>g three cases <strong>the</strong> FIR was lodged after a gap <strong>of</strong><br />

almost three years. The CEC got <strong>the</strong> eery feel<strong>in</strong>g that <strong>the</strong><br />

law <strong>of</strong> <strong>the</strong> land does not operate <strong>in</strong> District Bellary. It is a<br />

most shock<strong>in</strong>g state <strong>of</strong> affairs not witnessed on this scale<br />

and brazenness anywhere else <strong>in</strong> <strong>the</strong> country. Obviously<br />

<strong>the</strong>re hasl been connivance from <strong>the</strong> highest to <strong>the</strong> lowest<br />

level and cuts across all departments.<br />

21. The CEC is <strong>of</strong> <strong>the</strong> considered view that <strong>in</strong> respect <strong>of</strong><br />

<strong>the</strong> above stated 15 cases it is desirable and absolutely<br />

necessary that<br />

a) <strong>the</strong> m<strong>in</strong><strong>in</strong>g operations are immediately directed to<br />

be suspended;<br />

(b) <strong>the</strong> process for cancellation <strong>of</strong> m<strong>in</strong><strong>in</strong>g lease, after<br />

48<br />

<strong>the</strong> issue <strong>of</strong> notices to <strong>the</strong> parties, should be

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