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
emained a mute spectator to the destruction of evidence by allowing the lessee to fill up the pit. The lessee was also allowed to remove the so called over burden without verifying whether it contained any saleable iron ore. Inspite of the lessee committing a series of illegalities as seen above the officers of the Forest Department did not take any action commensurate with the illegalities committed. On the other hand ironically the Forest Department has found the case fit for recommending for diversion of additional forest area under the FC Act. This is most disturbing as it clearly indicates active connivance of the State officials in illegal mining and transportation. 16. In the above background, following recommendations are made for the consideration of this Hon’ble Court: i) Order of the Deputy Conservator of Forest, Bellary Circle by which the forest offence case registered against M/s Lakshminarayana Mining Company has been compounded should be set aside and the forest offence case should be re- opened and dealt with under the supervision and direction of the Principal Chief Conservator of Forest, Karnataka Forest Department. An 96 immediate decision also needs to be taken with
egard to the iron ore seized by the Forest Department; ii) the mining operations of M/s Lakshminarayana Mining Company should be suspended immediately, simultaneously transportation of iron ore including already mined iron ore should also be suspended forthwith; iii) the approvals granted under the FC Act as well as the environmental clearance should be suspended with immediate effect; iv) the Principal Chief Secretary (Forest), Government of Karnataka should be directed to hold a detailed enquiry in to the role of the Deputy Conservator of Forest, Bellary Division, the Conservator of Forest, Bellary Circle and other officials regarding the compounding of the forest offence, non action in respect of offence cases and processing of the proposal for diversion of forest land; and v) The State of Karnataka should be directed to assess the quantity of iron ore illegally extracted by the lessee. This Hon’ble Court may also 97 consider imposing exemplary compensation
- 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 and 94: viii) the case involved wilful viol
- Page 95: the Conservator of Forest, Bellary
egard to <strong>the</strong> iron ore seized by <strong>the</strong> Forest<br />
Department;<br />
ii) <strong>the</strong> m<strong>in</strong><strong>in</strong>g operations <strong>of</strong> M/s Lakshm<strong>in</strong>arayana<br />
M<strong>in</strong><strong>in</strong>g Company should be suspended<br />
immediately, simultaneously transportation <strong>of</strong><br />
iron ore <strong>in</strong>clud<strong>in</strong>g already m<strong>in</strong>ed iron ore should<br />
also be suspended forthwith;<br />
iii) <strong>the</strong> approvals granted under <strong>the</strong> FC Act as well<br />
as <strong>the</strong> environmental clearance should be<br />
suspended with immediate effect;<br />
iv) <strong>the</strong> Pr<strong>in</strong>cipal Chief Secretary (Forest),<br />
Government <strong>of</strong> Karnataka should be directed to<br />
hold a detailed enquiry <strong>in</strong> to <strong>the</strong> role <strong>of</strong> <strong>the</strong><br />
Deputy Conservator <strong>of</strong> Forest, Bellary Division,<br />
<strong>the</strong> Conservator <strong>of</strong> Forest, Bellary Circle and<br />
o<strong>the</strong>r <strong>of</strong>ficials regard<strong>in</strong>g <strong>the</strong> compound<strong>in</strong>g <strong>of</strong> <strong>the</strong><br />
forest <strong>of</strong>fence, non action <strong>in</strong> respect <strong>of</strong> <strong>of</strong>fence<br />
cases and process<strong>in</strong>g <strong>of</strong> <strong>the</strong> proposal for<br />
diversion <strong>of</strong> forest land; and<br />
v) The State <strong>of</strong> Karnataka should be directed to<br />
assess <strong>the</strong> quantity <strong>of</strong> iron ore illegally extracted<br />
by <strong>the</strong> lessee. This Hon’ble Court may also<br />
97<br />
consider impos<strong>in</strong>g exemplary compensation