Amalgamation of ‘C’ mines: Karnataka state officials cite CEC opinion

Bengaluru: The Mines and Geology Department has argued that the amalgamation of erstwhile ‘C’ category (illegal) mines with virgin forests and other mining lease areas had been done as per the opinion of the Central Empowered Committee (CEC).

The CEC had recently written to the chief secretary, flagging as illegal the state government’s move to auction mining leases in Jaisinghpura North and Jaisinghpura South (total 882.48 acres) in Ballari’s Sandur.

The two leases were created by merging ‘C’ mines with virgin forest area as well as category “B” and “A” mines. The CEC noted that the Supreme Court had frozen the mining lease boundaries in 2013 and the same shall not be changed.

Following the CEC objections, the forest advisory committee under the Union environment ministry had raised questions over the amalgamation and had sought a clarification from the state government.

In its reply to the CEC, the department said 40 “C” category mines were found to be not viable. “These erstwhile cancelled leases, after losing their identity as mining leases, reverted to the lessor i.e Government of Karnataka...This implies that the State can utilise the reverted area for development/interest of the state,” the department said.

The department also quoted an extract from the response received from the CEC in a letter dated January 12, 2018, which suggested the government to alter the lease boundaries. In its letter, the CEC stated that the apex court has lifted the embargo on grant of fresh leases in its November 2, 2012 order.

“This judgement also gives liberty to the state govt to identify new mining blocks which may include in part or full cancelled/expired mining lease areas of ‘A’ or ‘B’ or ‘C’ categories or may be entirely new/unexplored areas,” the extract said.

Interestingly, the department also quoted the CEC’s disclaimer from the same letter. “CEDC has highlighted in para (v) of the CEC letter 12.01.2018 in which it was stated that no authority or body, including CEC, is competent to pass any order/clarification contrary to the orders of the Hon’ble Supreme Court,” the department stated.

Further, the department said JSW Steel Limited got legal opinion from former Supreme Court judge Justice B S Chauhan who had stated that “there was no legal infirmity” in notifying a new amalgamated area for grant of mining
lease.

Sandur-based activist Sreeshaila Aladahalli, who accessed the department’s response through the Right to Information Act, noted that the department was trying to blame the CEC instead of owning up the responsibility and taking corrective measures.

“Considering the CEC’s disclaimer that no authority can clarify the 2013 order, the department should have approached the Supreme Court for clarification. Instead, we see an opportunistic reading of the CEC letter,” he noted.