The Hindu : Karnataka / Bangalore News : Circuit Bench stays order on mining in forest areas

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Saturday, Aug 23, 2008
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Karnataka

Karnataka - Bangalore

Circuit Bench stays order on mining in forest areas

Staff Reporter

Single judge said mining activities should be totally avoided in forest areas
State asked to undertake study of consequences of continued mining in forest areas

BANGALORE: The Karnataka High Court on Friday stayed a single judge order directing the State Government “to put a hold on all mining activities in forest areas” in the State.

A Division Bench of the Dharwad Circuit Bench of the High Court comprising Justice Manjula Chellur and Justice Keshavarayana passed the order on an appeal by M. Srinivasulu against the single judge order of August 7.

The single judge had not only directed the State to undertake a scientific study of effects and consequences of continued mining in forest areas, the impact of mining on the entire forest areas and also on the need to conserve forest wealth but also observed that mining operations (in forests) were capable of causing immense pollution, ecological imbalance and may even led to environmental disasters.

Allowing petitions by MSPL, which had challenged the grant of mining lease in Block No. 1 in Sandur in Bellary district to another private company, the single judge in his 309-page judgment, said mining activities should be totally avoided in forest areas.

He said if an area has been declared as a forest, it should normally be retained without being disturbed.

The State was also asked to male a clear distinction between forest and non-forest areas, while granting mining lease. In case a forest existed, the first and foremost duty of the State was conserve the forest.

The single judge had said all mining leases granted during the pendency of the writ petition before court and under the March 15, 2003 notification is quashed. In cases not covered under this notification but if the miners are operating in forest or reserved or unreserved forest area, they are required to follow the above mentioned directions of the court.

Mr. Srinivasulu, in his appeal, had said that the single judge was only looking into a dispute between two parties and that he was not a party to the case. He said the single judge had erred in quashing all mining lease. Advocate K.N. Phanindra, appearing for Mr. Srinivasulu, urged the Bench to stay the single judge order as far as the appellant (his client) was concerned.

Government advocate C.S. Patil urged the court not to stay the order, saying that the State had not been served with a copy of the appeal.

The Bench, however, stayed the single judge order and directed the appellant to serve a copy of the appeal to the Government..

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