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
hectares of forest area in favour of lessee. The Principal Chief Conservator of Forest vide letter dated 7.1.2010 asked the Conservator of Forest, Bellary Circle to examine the proposal in the light of the new Mining Policy, 2008. The Conservator of Forest vide letter dated 13.1.2010 directed the Deputy Conservator of Forest, Bellary Division to examine the proposal and submit his report along with specific opinion for diversion of forest land. The Deputy Conservator of Forest, Bellary Circle vide letter dated 4.2.2010 sought detailed report in the matter from the RFO, Sandu Range and which was submitted by the Range Forest Officer vide letter dated 10.3.2010. Thereafter the Deputy Conservator of Forest, Bellary Division vide letter dated 29.3.2010 recommended clearance for 70.41 hectares of forest land and the Conservator of Forest, Bellary Circle vide letter dated 1.4.2010 addressed to the Principal Chief Conservator of Forest, Karnataka recommended the proposal. The Principal Chief Conservator of forest vide letter dated 9 th April, 2010 asked the Deputy Conservator of Forest, Bellary Circle to examine the proposal under the provisions of the FC Act and other Acts and also in the context of Lokayukta, Karnataka Report regarding illegal mining. The Deputy Conservator of Forest, Bellary Division, vide letter dated 27.8.2007, along with the relevant details again recommended the proposal for approval and thereafter 94
the Conservator of Forest, Bellary Circle vide letter dated 30.8.2010 recommended the proposal. The Principal Chief Conservator of Forest vide letter dated 23.9.2010 has sought additional information from the Conservator of Forest, Bellary Circle regarding the eco class value, status of rehabilitation of mine area, details of approved mining plan, compensatory afforestation details etc. Copies of these letters are collectively enclosed at ANNEXURE-R-68 (Colly) to this Report. A copy of the note in the matter received from the Principal Chief Conservator of Forest is enclosed at ANNEXURE-R-69 to this Report. 15. The CEC, after considering the above details, is of the considered view that the Karnataka Forest Department has gone out of the way to favour M/s Lakshminarayana Mining Company by compounding the forest offence case registered against him, by not taking any action to assess the quantity of iron ore illegally extracted by him, by recommending diversion of forest land involved in illegal mining and by not taking action for violation of the Forest (Conservation) Act, 1980. The lessee has extracted about 14 lakh MT of iron ore during 2009-10 and which is substantially higher than the 5.1 lakh MT of iron ore extracted during 2008-09. No effort has been made to ascertain the quantity and value of illegally mined ore. The Forest Department 95
- 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 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 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: viii) the case involved wilful viol
- Page 97 and 98: egard to the iron ore seized by the
hectares <strong>of</strong> forest area <strong>in</strong> favour <strong>of</strong> lessee. The Pr<strong>in</strong>cipal<br />
Chief Conservator <strong>of</strong> Forest vide letter dated 7.1.2010 asked<br />
<strong>the</strong> Conservator <strong>of</strong> Forest, Bellary Circle to exam<strong>in</strong>e <strong>the</strong><br />
proposal <strong>in</strong> <strong>the</strong> light <strong>of</strong> <strong>the</strong> new M<strong>in</strong><strong>in</strong>g Policy, 2008. The<br />
Conservator <strong>of</strong> Forest vide letter dated 13.1.2010 directed<br />
<strong>the</strong> Deputy Conservator <strong>of</strong> Forest, Bellary Division to<br />
exam<strong>in</strong>e <strong>the</strong> proposal and submit his <strong>report</strong> along with<br />
specific op<strong>in</strong>ion for diversion <strong>of</strong> forest land. The Deputy<br />
Conservator <strong>of</strong> Forest, Bellary Circle vide letter dated<br />
4.2.2010 sought detailed <strong>report</strong> <strong>in</strong> <strong>the</strong> matter from <strong>the</strong> RFO,<br />
Sandu Range and which was submitted by <strong>the</strong> Range Forest<br />
Officer vide letter dated 10.3.2010. Thereafter <strong>the</strong> Deputy<br />
Conservator <strong>of</strong> Forest, Bellary Division vide letter dated<br />
29.3.2010 recommended clearance for 70.41 hectares <strong>of</strong><br />
forest land and <strong>the</strong> Conservator <strong>of</strong> Forest, Bellary Circle vide<br />
letter dated 1.4.2010 addressed to <strong>the</strong> Pr<strong>in</strong>cipal Chief<br />
Conservator <strong>of</strong> Forest, Karnataka recommended <strong>the</strong><br />
proposal. The Pr<strong>in</strong>cipal Chief Conservator <strong>of</strong> forest vide<br />
letter dated 9 th April, 2010 asked <strong>the</strong> Deputy Conservator <strong>of</strong><br />
Forest, Bellary Circle to exam<strong>in</strong>e <strong>the</strong> proposal under <strong>the</strong><br />
provisions <strong>of</strong> <strong>the</strong> FC Act and o<strong>the</strong>r Acts and also <strong>in</strong> <strong>the</strong><br />
context <strong>of</strong> Lokayukta, Karnataka Report regard<strong>in</strong>g illegal<br />
m<strong>in</strong><strong>in</strong>g. The Deputy Conservator <strong>of</strong> Forest, Bellary Division,<br />
vide letter dated 27.8.2007, along with <strong>the</strong> relevant details<br />
aga<strong>in</strong> recommended <strong>the</strong> proposal for approval and <strong>the</strong>reafter<br />
94
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