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

part and parcel of the said notification or otherwise and thereafter should take necessary corrective measures. In case the decision taken by the Forest Settlement Officer is found to be in accordance with the notification and the provisions of the Karnataka Forest Act regarding settlement of rights, before implementing the decision, approval under the FC Act for deletion of the areas from the forest should be obtained from the Central Government (as is being done in all other similarly placed cases). 22. The CEC is also of the considered view that in the above matter, the Rules, Regulations and provisions of the MMRD Act, Mineral Concession Rules, the Forest Conservation Act and various Notifications issued by the State Government have been flagrantly violated not because the concerned officers were not aware of them or there was any ambiguity or difference of opinion among the various Departments / officers but because of extremely rich iron ore deposits in these areas and the ease with which it could be mined and the huge amount of money involved. It is therefore necessary that in addition to the other remedial measure and action against the officers, the concerned mining lease holders are made to disgorge the profits made 50

y them because of mining leases illegally granted to them and allowed to operate. It is submitted that the State of Karnataka should ascertain the total quantity of iron ore and other minerals extracted by the respective lease holders and an amount equivalent to five times the normative market value of such minerals is directed to be recovered from them as exemplary compensation. This Hon’ble Court may please consider the above Report and may please pass appropriate orders in the matter. Dated: 15.4.2011 51 (M.K.Jiwrajka) Member Secretary

y <strong>the</strong>m because <strong>of</strong> m<strong>in</strong><strong>in</strong>g leases illegally granted to <strong>the</strong>m<br />

and allowed to operate. It is submitted that <strong>the</strong> State <strong>of</strong><br />

Karnataka should ascerta<strong>in</strong> <strong>the</strong> total quantity <strong>of</strong> iron ore and<br />

o<strong>the</strong>r m<strong>in</strong>erals extracted by <strong>the</strong> respective lease holders and<br />

an amount equivalent to five times <strong>the</strong> normative market<br />

value <strong>of</strong> such m<strong>in</strong>erals is directed to be recovered from <strong>the</strong>m<br />

as exemplary compensation.<br />

This Hon’ble Court may please consider <strong>the</strong> above<br />

Report and may please pass appropriate orders <strong>in</strong> <strong>the</strong><br />

matter.<br />

Dated: 15.4.2011<br />

51<br />

(M.K.Jiwrajka)<br />

Member Secretary

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