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

26.11.2012 Views

against the same. In addition to the provisions of the Forest (Conservation) Act serious violation of the provisions of the MMRD Act, Mineral Concession Rules and the various notifications issued by the State Government was allowed to take place. False information was provided by the Director of Mines and for which no action was taken against him. Four cases of mining outside the sanctioned lease area were detected during the visit of the Lokayukta, Karnataka. However, FIR was lodged only in one case and in the remaining three cases the FIR was lodged after a gap of almost three years. The CEC got the eery feeling that the law of the land does not operate in District Bellary. It is a most shocking state of affairs not witnessed on this scale and brazenness anywhere else in the country. Obviously there hasl been connivance from the highest to the lowest level and cuts across all departments. 21. The CEC is of the considered view that in respect of the above stated 15 cases it is desirable and absolutely necessary that a) the mining operations are immediately directed to be suspended; (b) the process for cancellation of mining lease, after 48 the issue of notices to the parties, should be

directed to be undertaken in a time bound manner by the concerned officers of the Karnataka Government; (c) exemplary action against the concerned officers of the Forest Department and Revenue Department should be directed to be taken for issue of false “No Objection Certificates” stating that the areas wherein mining leases have been applied is a non-forest land; (d) exemplary action against the concerned officers of the Mining Department should be directed to be taken in a time bound manner for processing and recommending the grant of mining leases in violation of the provisions of the MMRD Act and the Minerals Concession Rules and for concealing the material information and favouring individual persons; (e) the State of Karnataka should determine the boundaries of the forest area covered under notification issued under Section 4 of the Karnataka Forest Act in Ramgarh Block and ascertain whether the areas now decided to be 49 excluded by the Forest Settlement Officer are

directed to be undertaken <strong>in</strong> a time bound<br />

manner by <strong>the</strong> concerned <strong>of</strong>ficers <strong>of</strong> <strong>the</strong><br />

Karnataka Government;<br />

(c) exemplary action aga<strong>in</strong>st <strong>the</strong> concerned <strong>of</strong>ficers<br />

<strong>of</strong> <strong>the</strong> Forest Department and Revenue<br />

Department should be directed to be taken for<br />

issue <strong>of</strong> false “No Objection Certificates” stat<strong>in</strong>g<br />

that <strong>the</strong> areas where<strong>in</strong> m<strong>in</strong><strong>in</strong>g leases have been<br />

applied is a non-forest land;<br />

(d) exemplary action aga<strong>in</strong>st <strong>the</strong> concerned <strong>of</strong>ficers<br />

<strong>of</strong> <strong>the</strong> M<strong>in</strong><strong>in</strong>g Department should be directed to<br />

be taken <strong>in</strong> a time bound manner for process<strong>in</strong>g<br />

and recommend<strong>in</strong>g <strong>the</strong> grant <strong>of</strong> m<strong>in</strong><strong>in</strong>g leases <strong>in</strong><br />

violation <strong>of</strong> <strong>the</strong> provisions <strong>of</strong> <strong>the</strong> MMRD Act and<br />

<strong>the</strong> M<strong>in</strong>erals Concession Rules and for<br />

conceal<strong>in</strong>g <strong>the</strong> material <strong>in</strong>formation and favour<strong>in</strong>g<br />

<strong>in</strong>dividual persons;<br />

(e) <strong>the</strong> State <strong>of</strong> Karnataka should determ<strong>in</strong>e <strong>the</strong><br />

boundaries <strong>of</strong> <strong>the</strong> forest area covered under<br />

notification issued under Section 4 <strong>of</strong> <strong>the</strong><br />

Karnataka Forest Act <strong>in</strong> Ramgarh Block and<br />

ascerta<strong>in</strong> whe<strong>the</strong>r <strong>the</strong> areas now decided to be<br />

49<br />

excluded by <strong>the</strong> Forest Settlement Officer are

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