Document Fragment View

Matching Fragments

Karnataka Lokayukta Act, 1984 (hereinafter referireditoy Lokayukta Act) for investigation introluthe'afore+sta_ted,_Vmatters T. and for submission of a report with spe.cifi<; FeCOiTi'l'ifléndaxt'E.tjl"iSv.'V'-It was pointed out by the learnerlV:V"Advoca'teVGejrieraglilltlhat the Karnataka Lokayukta, (H'on'ble.~riVl'r.'* N.Santosh Hegde), a former Judge of the Supreme' bmitted his first interim report The aforesaid interim report"(ai_pVp_encl'ed.jto'i,'i_th:e'statement of objections fiied on behalf S, Annexure-R-1) highlighted various aspects of.the1'act'i*v_ilties' of iron--ore mining.

---.--u Mi Q passed with the primary object sfistopping illegal activities connected with mining, transportation and storage of .i--ron~ore.

71. At the cost of repetition, it may be stat_ed",~ so far as the instant aspect of the matter is concerned, a* spurt of demand of iron ore in theggllobal. nlarketli'comrn.e~nci.ngf from the year 2901. The aforesaid deficiency of the available iron t.he.__g'loVba.l: rna"r'i<»et:. This resulted in the escalation of they-price and profitaibiuty from the activity of iron ore licenses which were earlier considered as an outstanding lfiaccolrdingly, those who were chosen were considered as favoured'inVdi'vidu*alVs',.» at the hands of those who were denied. mining leases. A*Sivn'*ce making a quick buck, came to be "'associate_d. with the lactivvity of iron ore mining, the activity of iron ore to be extended, beyond the area for which mini__FI'§3 leasershlad been granted ie., miners started to transgress 'zinto government revenue land and forest areas. In order to sell 'fii!ega'i~l_y mined iron ore, it had to be transported to the relevant ' locations either for use in the domestic market, or to ports from where it could be exported. This couid be done, only by illegal transport of illegally mined ironwore. There were far reaching social and environmental implications from the aforesaid illegal 14?

In addition the aforesaid, ieamed counsei for the petitioners 3"'"~.__v'a|so invited our attention to the statement of objections fiied on of respondent No.6, wherein in paragraph 5 of the statement of objections "regarding paragraphs 24 to 27" of the writ petition, it was asserted as under:~ "Reg. Para 24: It is submitted that the State Governments have been sufficiently empowered under MMDR Act to take steps to prevent and curb illegal mining, transportation and storage of minerals. imposition of a ban on issuing of Mineral De-spatch Permits for transportation of iron ore for exportis may not be the ideal measure to curb illegal mlningi )The'ae.State Governments had been advised to closely monitor 4ai7.d:"control.» the issue of Mineral Despatch Permits t_hrough_ Vcoordinated checking mechanisms using theiservices and_;date._ma'intained T with various State Departments i--nvol_ved. The' state also been advised vide ministry.of¢_Mines' letter da_tee*.re.i1.::obs to , co~relate the production in--.t.g:.n2lines hwith transportation permits issued and the ore finlally e2{portediin_ order to detect illegally mined materials.

responsibility of its own wrong actirons, inctuvdhircigy fra,rning_, or. unacceptable rules, on to the shouidersigiloiiv this behaif, Eearned counseil.fo'i<.__the"petitioners"'invi'ted our attention to the averments madAe..iVn'~pa'ragraph's--1%}, and 36(e) and (h) of the statementof» .ob_ie'ct,i'o_n's,'v_joint'iy fiied on behalf of re5pondent5._1§-._ ..4'iThe_:"aforesaid"paragraphs are being extracted heVreunde_:r:-- lb ' V "_14._ recommendations and findings given bythe Hon the Respondent -- State has initiated several.__4 dunaothori.zed:_"..'* transportation of iron ore. The Respondent,' E? '1Sta'te has also formulated Rules called as V-':,.j.""K.sirnatal<a l\ilin'ei'c'aiV(Regulation & Transport) Rules, 2008" by __way'«of«p0blication of a Notification in the Official Gazette of g léarriaté-xa.i'a.t"No. CI 12 MMM 200? dated 20.03.2008 in exercise ' ' the powers conferred by Section 21 r/w Section 23 (c) of the and Minerals (Development and Regulation ) Act, 195 7 for thewpurpose of prevention of illegal mining and transportation of ,_ iminerals. A copy of the same is sought to be produced as ' "iiiNNEXURE--R2. Being aggrieved by the formulation of such Rules, several mining lease holders challenged the same before this Hon'ble Court in W. P.No.6985 of 2008 C/W W.P.No.16529 of 2007, W.P.No.18793 of 200?, W.P.l\io.18907 of 2007 and obtained interim orders of stay which is still continuing. A copy of the interim order is sought to be produced as ANNEXURE~R3. 3%"