HC upholds ore transport rules

Division Bench sets eight-day validity limit for truck permits

Accepting the compromise formula between the mining transport firms and the State Government in connection with the validity period of mineral dispatch permits (MDP), the division bench comprising Chief Justice J S Khehar and Justice Abdul Nazeer disposed of the petition, fixing the validity of eight days for mineral dispatch permits.

During its earlier hearing, the court had directed both the parties to come out with a compromise formula as the Government wanted to give a validity period of seven days, while the petitioner companies Kumaraswamy Mining Transport Company and Deccan Mining Transport Company wanted it for 10 days.

Recently, the state government had submitted the court a proposal to make the MDP and the Forest way permits (FWPs) valid for eight days.

Issue of MDPs, FWPs

Accordingly, the State has agreed to issue MDPs and FWPs for a period of eight days provided each vehicle does not exceed a distance of 100 km per day and a total distance of 500 km for the duration of the permit.

However, in case of transport by railway, the MDPs will be issued for a period of 15 days, depending on the capacity of rakes (quantity of 3,800 metric tonnes), .

The Department of Mines and Geology (DMG) will issue an order on release of permits after due verification and ensuring that the royalty has been paid for the quantity of ore, while the Forest Department has been directed to complete all the necessary enquiries within a period of three days from the date of issue of release order of the Department of Mines.

The MDPs and FWPs will be issued simultaneously at the mine head and permits will reflect details like mining lease number, details of lessee, vehicle number, actual quantity loaded into the vehicle, duration of validity and destination.

Accepting the State Government submission, the Bench disposed off the petition upholding the constitutional validity of the rules. The bench has also directed the State to incorporate the its proposal regarding validity period of MDPs.

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