NGO seeks CEC's help to protect forests

Petitioner questions rationale in categorising mining firms

An NGO fighting against the illegal mining in Karnataka has pleaded the Supreme Court to direct the Central Empowered Committee (CEC) to suggest means for protection of forests and bio-diversity in ore-rich districts where highest loss of flora and fauna was witnessed due to rampant illegal mining.

Advocate Prashant Bhushan in his interlocutory application filed before the apex court on behalf of Dharwad-based NGO Samaj Parivartan Samudaya said that though the CEC had submitted its report to the court recommending several measures to curb illegal mining, it had not made any suggestion to protect forests and biodiversity in the ore rich districts of Bellary, Tumkur and Chitradurga.

The NGO had earlier pointed out serious irregularities in dereservation of forest lands for mining which had caused severe damage to the forest due to rampant mining in the areas. In the final report submitted to the apex court, the CEC had departed in its emphasis on environmental conservation to outlining a model for the restoration of mining activities. The petitioner also said that the panel had failed to establish a deterrent to prevent the recurrence of massive environmental damage in the future and actually stood to favour private mining entities and their corporate partners.

Questioning the CEC rationality in categorising the mining companies based on their areas of encroachment, the petitioner said that as the criminal intent is common to all offenders, categorisation and differential treatment of small and large mining entities is uncalled for. The petitioner also said that the amount of illegally extracted ore should be determined by using sophisticated technology like laser mapping on a case by case basis. The petitioner also said that penalty against guilty mining lease holders should be at five times the market value irrespective of the percentage of violation.

Pleading the apex court that no new mining leases should be granted on the basis of the stand-alone assessment, the petitioner said that cumulative impact of all the mining leases on the environment must be used as a guide to evolve ways and means to restore the environment.

The recommendations made by the CEC in the latest report fall short of the goals of inter-generational equity conservation of mineral resources and protection of forests. Some of the recommendations are made with the goal of facilitating the resumption of mining operations on a significant scale, the petitioner said.

There should be no mining along common boundaries of neighbouring leases. Mining along the common boundary creates opportunities for encroachment leading to internecine disputes between mine lease holders, it complained.