HC orders ban on mining in forests

  • 07/08/2008

  • Deccan Herald (Bangalore)

DH News Service, Bangalore: In a landmark judgement, the Karnataka High Court on Thursday ordered a total ban on mining activities in forest areas. Hearing a petition by MSPL Ltd, a Hospet-based mining firm, questioning the mining lease issued by the state government to a private company on March 15, 2003, Justice Shylendra Kumar quashed the lease. The Court observed that the State had neglected the Forest Conservation Act 1983 and Karnataka Forest Act 1963 while issuing the notification, and suggested nationalisation of mining activities. Justice Kumar in his 209 page judgement said that the governments should consider the prospects of assuring suitable legislation for conservation of minerals, at least in the forest areas. He had personally visited the Kumaraswamy range of Sandur in Bellary district on August 4, 2007- the place which was notified for mining lease-- and had studied the severity of the problem. He observed: "The Government should make a clear distinction between forest and non-forest area while granting the lease and show awareness on the conservation of the existing forest and those declared as reserve forest and retain them without being disturbed.' The Court also said the State and the Union Governments could consider nationalisation of the mining industry so that the private profit motive does not come in the way of protecting the environment. A scientific evaluation of the forest areas should be made by the government before granting mining licence or lease to conserve mineral wealth. Citing global warming and increasing natural disasters the Court said that forest wealth is a treasure by itself and should be conserved. The Court directed the Government to take steps to cancel the mining lease in the forest areas stating: "The Government should also bear in mind that larger public interest will overweigh the smaller or personal interests. It should not trade short term gains for long term loss or external losses. It is directed not to embark on granting any mining lease in forest areas.' The State and Union governments were directed to consider formulating suitable legislation for conservation of minerals at least in the forest areas and take expert opinion before granting licences. Background Through a notification in 2003, the State Government had issued a mining lease to a private company in the Kumaraswamy range of Sandur, Bellary, Ramanadurga Range, Donimalai Range, Kudligi and Hospet in Bellary district, Kolar, Mulbagal, Malur, Srinivaspur, and Chintamani in Kolar district, Chennapatna, Magadi and Doddaballapur in Bangalore rural district, Mysore, H D Kote, and Nanjanagud in Mysore district, Mandya, Malavalli, Maddur and K R Pet in Mandya district. MSPL Limited challenged the lease in Block 1 of Kumaraswamy range, where over a 200 hectares were leased for mining.