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Petition against mining disposed of

By Our Staff Reporter

BANGALORE, SEPT. 13. The Karnataka High Court on Monday disposed of a public interest litigation (PIL) petition seeking a direction to the authorities to stop mining at Marathi village in Sagar taluk of Shimoga district.

A Division Bench comprising the Chief Justice N.K. Jain and Justice V.G. Sabhahit was hearing the PIL by B. Krishna Bhat and K.C. Subramanya Bhat.

The petitioners said the mines had led to the destruction of forests in the Sahyadri range of the Western Ghats. The owner of the mines had destroyed the trees for constructing an approach road to the mines in Survey nos. 116 and 207 of the village.

They said the destruction would affect the delicate ecological balance of the region. They said the Forest Department too had admitted that the trees had been felled without permission.

They urged the court to direct the authorities to assess the damage caused to the flora and fauna and stop all mining activities in the region.

They sought the constitution of a high-powered committee, as suggested by the Supreme Court, to ensure proper implementation of the environmental laws. The Bench observed that nobody could carry on mining without a licence.

If there was a licence, its terms and conditions could not be violated.

It said the authorities could check the licences and take appropriate action if there was violation of the environmental laws.

Allowed

Justice K.L. Manjunath allowed the import of superior kerosene oil (SKO) by wholesale dealers.

The petitioners, C.G. Ashwin Kumar and 11 others, all wholesale dealers in SKO, had challenged the July 30, 2003 and November 25, 2003 orders of the Director-General of Foreign Trade (DGFT) allowing import of SKO only by State companies, including oil firms.

The petitioners said they were granted licences from 2002 to 2007 to import SKO. They had invested Rs. 10 lakhs to Rs. 12 lakhs on storage facilities. Besides, their livelihood would be affected if their licences were taken away.

They urged the court to quash the orders which, they said, were illegal and arbitrary.

Mr. Justice Manjunath permitted the petitioners to import SKO after intimating the authorities (the Department of Food and Civil Supplies).

He directed the petitioners to file returns and inform the authorities of the stock and sale of SKO.

He also asked the petitioners to maintain records and furnish them to the authorities whenever asked for.

He said the authorities could take action if the petitioners violated any law.

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