20 years after 'violation', KIOCL seeks clearance to submerge 700-acre forest

Months after a Supreme Court-appointed committee raised concerns over post-facto approvals given to projects seeking diversion of the forest land, the KIOCL has sought post-facto approval for submerging 700 acres of forest in Kudremukh Range at the heart of Western Ghats about 20 years ago.

The submergence was due to the conversion of the Lakya river into a tailing dam used to store the byproducts and waste produced during the processing of iron ore at the local beneficiation plant.

The dam was built up to a height of 65 metres in 1979, a year before the enactment of the Forest (Conservation) Act. However, the authorities raised the height to 100 metres in 1994, by arguing increasing the height of the dam was envisaged at the time of the “commissioning of the project”.

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The state government initially proposed action but later proposed to “condone the violation” by stating that the submergence area was once part of the forest leased for mining. The Forest Department, however, directed the KIOCL to file an application for the diversion of the forests. The KIOCL filed an interlocutory application in the Supreme Court, which was cited by the Union environment ministry (MoEF) to steer clear of the issue.

Now, the company has sought post-facto approval, requesting the government to “waive off” the procedure for the diversion of 282 hectares (696.83 acres) of forest land. The procedure entails that the company should pay for compensatory afforestation, including land.

Last year, a committee, set up by the Supreme Court to look into compensatory afforestation, noted that “devious” strategies, like “seeking piecemeal permissions, construction of linear intrusions right up to the edges of protected areas to provide a ‘fait accompli’ are adopted to get clearances’’. It has recommended action against such misdemeanours.

Sagar-based activist Akhilesh Chipli said a thorough audit should be conducted to assess the KIOCL’s mining in the Western Ghats before granting approval. “Mining, highways and railways have caused havoc in the ecologically sensitive ghats. We are already seeing changes in the rain patterns. The least the government can do now is to assess the damage and ensure it won’t continue further,” he said.