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
10. After considering the above said Reports, information provided by the State of Karnataka, other relevant documents, details provided by the petitioner and observations made during the visit the CEC has no doubt at all that massive illegal mining in the forest area falling in ML No.2010 has indeed taken place particularly during 2009 and 2010 and which would not have been possible without the active connivance of the concerned officers of the State Government. The formal approval under the FC Act in favour of M/s. RMML was held up because of non-submission of the compliance report following non-action on the part of the concerned Deputy Conservator of Forests, Bellary District and the Conservator of Forests, Bellary Circle. This has ensured that the lessee is not allowed the possession of the lease area and which consequently facilitated continuation of the massive illegal mining in the ML No.2010 by the adjoining leaseholders. 11. The Survey Team of Lokayukta, Karnataka had during 2006-07 surveyed the ML No.2010 and the adjoining mining leases of M/s. S.B. Minerals, M/s. Trident Minerals and others and recorded the GPS readings of the boundaries of these lessees as also of the enjoyment line. The lease boundaries and the line of enjoyment of these mines have been determined and laid on the ground and also on the 60
satellite imageries. During the site visit, the pillars pertaining to the common boundary lines and the enjoyment lines were found to exist on the ground. At the time of the Survey by the the Lokayukta Team, the enjoyment line (showing the area wherein mining was undertaken by the leaseholders) of M/s. Muneer Enterprises was found to be about 30-40 meters North of the sanctioned boundary line and which was found to merge with the boundary line near the western portion of the mining lease. The area between these two lines was the area under illegal mining and encroachment. During the site visit by the CEC, massive mining was found to have taken place much beyond the enjoyment line found by the Lokayukta Team during 2006-07. Even if the State of Karnataka had any doubt about the mining lease boundaries and area under encroachment determined by the Lokayukta, no fresh mining should have been allowed by the Mining Deptt. and Forest Deptt. at least beyond the line of enjoynment found to exist at the time of survey by the Lokayukta Team. It is totally beyond comprehension how the mining was allowed in the area even beyond the enjoyment line. 12. The Satellite Imageries of this area vividly brings out the extent of massive illegal mining that has taken place in the area. The Satellite Imagery of 2003 shows a small area 61
- 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 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: demarcated the mining lease of M/s.
- 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 71 and 72: CENTRAL EMPOWERED COMMITTEE REPORT
- 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 81 and 82: CENTRAL EMPOWERED COMMITTEE REPORT
- 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
10. After consider<strong>in</strong>g <strong>the</strong> above said Reports, <strong>in</strong>formation<br />
provided by <strong>the</strong> State <strong>of</strong> Karnataka, o<strong>the</strong>r relevant<br />
documents, details provided by <strong>the</strong> <strong>petition</strong>er and<br />
observations made dur<strong>in</strong>g <strong>the</strong> visit <strong>the</strong> CEC has no doubt at<br />
all that massive illegal m<strong>in</strong><strong>in</strong>g <strong>in</strong> <strong>the</strong> forest area fall<strong>in</strong>g <strong>in</strong> ML<br />
No.2010 has <strong>in</strong>deed taken place particularly dur<strong>in</strong>g 2009 and<br />
2010 and which would not have been possible without <strong>the</strong><br />
active connivance <strong>of</strong> <strong>the</strong> concerned <strong>of</strong>ficers <strong>of</strong> <strong>the</strong> State<br />
Government. The formal approval under <strong>the</strong> FC Act <strong>in</strong> favour<br />
<strong>of</strong> M/s. RMML was held up because <strong>of</strong> non-submission <strong>of</strong><br />
<strong>the</strong> compliance <strong>report</strong> follow<strong>in</strong>g non-action on <strong>the</strong> part <strong>of</strong> <strong>the</strong><br />
concerned Deputy Conservator <strong>of</strong> Forests, Bellary District<br />
and <strong>the</strong> Conservator <strong>of</strong> Forests, Bellary Circle. This has<br />
ensured that <strong>the</strong> lessee is not allowed <strong>the</strong> possession <strong>of</strong> <strong>the</strong><br />
lease area and which consequently facilitated cont<strong>in</strong>uation <strong>of</strong><br />
<strong>the</strong> massive illegal m<strong>in</strong><strong>in</strong>g <strong>in</strong> <strong>the</strong> ML No.2010 by <strong>the</strong><br />
adjo<strong>in</strong><strong>in</strong>g leaseholders.<br />
11. The Survey Team <strong>of</strong> Lokayukta, Karnataka had dur<strong>in</strong>g<br />
2006-07 surveyed <strong>the</strong> ML No.2010 and <strong>the</strong> adjo<strong>in</strong><strong>in</strong>g m<strong>in</strong><strong>in</strong>g<br />
leases <strong>of</strong> M/s. S.B. M<strong>in</strong>erals, M/s. Trident M<strong>in</strong>erals and<br />
o<strong>the</strong>rs and recorded <strong>the</strong> GPS read<strong>in</strong>gs <strong>of</strong> <strong>the</strong> boundaries <strong>of</strong><br />
<strong>the</strong>se lessees as also <strong>of</strong> <strong>the</strong> enjoyment l<strong>in</strong>e. The lease<br />
boundaries and <strong>the</strong> l<strong>in</strong>e <strong>of</strong> enjoyment <strong>of</strong> <strong>the</strong>se m<strong>in</strong>es have<br />
been determ<strong>in</strong>ed and laid on <strong>the</strong> ground and also on <strong>the</strong><br />
60