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

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CENTRAL EMPOWERED COMMITTEE REPORT (II) OF THE CEC IN WRIT PETITION (CIVIL) NO. 562 OF 2009 FILED BY SAMAJ PARIVARTANA SAMUDAYA AND OTHERS REGARDING MASSIVE ILLEGAL MINING IN FOREST AREAS IN MINING LEASE NO. 2010 As per the information provided by the State of Karnataka (enclosed at ANNEXURE–R-34 to this Report), the Mining Lease No. 2010 extends over an area of 819.20 acres in Sandur Taluka, District Bellary. The lease in favour of M/s. Dalmia Cements, Bellary was granted under the MMRT Act with effect from 21.11.1953 for a period of 30 years. After the expiry of the lease period, the lease vide order dated 21.2.1986 of the Karnataka Mining Department was renewed with effect from 23.11.1983 for a period of 20 years. The renewed lease expired on 24.11.2003. The mining operations continued, without obtaining the approval under the FC Act, on the strength of interim orders of the Hon’ble Karnataka High Court. The mining stopped since January, 1997 in compliance of the Hon’ble Supreme Court order dated 12.12.1996. Subsequently, the MoEF vide letter dated 24.11.1997 granted “in principle approval” for diversion of 201.50 ha. of forest land under the FC Act. 52
However, the formal approval under the FC Act was not issued in the absence of compliance by the leaseholder of the conditions stipulated in the “in principle approval”. 2. The Govt. of Karnataka vide Notification dated 16.3.2002 approved the transfer of the said lease over an area of 331.44 ha. in favour of M/s. Ramghad Minerals and Mines (Private) Limited (M/s. RMML). Thereafter, following the recommendations made by the State of Karnataka, the MoEF vide letter dated 13.9.2006 (enclosed at ANNEXURE– R-35 to this Report) granted “in principle approval” to M/s. RMML for ML No.2010 involving diversion of 335.04 ha. of forest land (331.44 ha. lease area + 3.60 ha. for road). 3. M/s. Muneer Enterprises, lessee of adjoining lease, filed SLP (Civil) 11508 of 2006 before the Hon’ble Supreme Court against the order dated 19.4.2006 of the Karnataka High Court in Writ Appeal No. 5377/2004 regarding the transfer of ML No. 2010 to M/s. RMML. The Hon’ble Supreme Court by order dated 26.10.2007 disposed of the SLP inter-alia asking the Division Bench of the Hon’ble Karnataka High Court to expeditiously hear and decide the matter. The Hon’ble High Court by order dated 26.8.2009 in Writ Appeal No.5377/2009 (enclosed at ANNEXURE–R-36 to this Report) while confirming the transfer of the mining lease in favour of M/s. RMML directed that M/s. RMML 53
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 and 12: zone and afforestation are provided
Page 13 and 14: een taken to verify the details of
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 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: y them because of mining leases ill
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
Page 63 and 64: y the S.B. Minerals, as seen in the
Page 65 and 66: considered view that the joint surv
Page 67 and 68: 67 man’s land available for illeg
Page 69 and 70: 69 Lokayukta, Karnataka, report of
Page 73 and 74: prosecute the FIR dated 3.2.2009 an
Page 75 and 76: 3. Similar directions have been pas
Page 77 and 78: 6. The findings of the Lokayukta, K
Page 79 and 80: illegality in respect of mining lea
Page 83 and 84: hectares of already broken up fores
Page 85 and 86: (iii) Deputy Conservator of Forests
Page 87 and 88: the leased out area which is not di
Page 89 and 90: compliance of the directions of the
Page 91 and 92: Report. A copy of the note of the P
Page 93 and 94: viii) the case involved wilful viol
Page 95 and 96: the Conservator of Forest, Bellary
Page 97 and 98: egard to the iron ore seized by the

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