SAMAJ PARIVARTANA SAMUDAYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present writ petition was filed under Article 132 of the Constitution of India over two decades ago, seeking directions to the respondent No. 1/State of Karnataka, respondent No. 2/State of Andhra Pradesh and respondent No.3/Union of India to stop all mining and related activities in the forest areas of Karnataka and Andhra Pradesh being carried out and in violation of the order dtd. 12/12/1996, passed by this Court in T.N. Godavarman Tirumulpad v. Union of India (1997) 2 SCC 267 and the Forest (Conservation) Act, 1980.

(2.) Directions were also sought to be issued to the respondents/States and the Union of India to declare all mining contracts/sub-leases issued in violation of the Mines and Minerals (Development and Regulation) Act, 1957 as illegal and take penal actions against the violators. The third prayer made was for directing stoppage of all mining activities along side the border and within the forest areas in the Bellary Reserve Forest. Lastly, directions were sought to declare Notification dtd. 15/3/2003 and other related Notifications dereserving lands for mining operations, as null and void.

(3.) The writ petitioner had approached this Court against the indiscriminate and rampant mining activity that was being carried out under the nose of the Authorities, in particular in the District of Bellary. The reports submitted by the Central Empowered Committee (For short the "CEC") bore out the submissions made by the petitioner regarding large scale illegal mining in the area resulting in complete degradation of the environment. As a result, vide order dtd. 29/7/2011, all mining activity was prohibited in the District of Bellary, followed by the Districts of Tumkur and Chitradurga. Taking note of the rampant encroachment in forest land by lease-holders and illegal mining operations taking place in the same area, a joint team was constituted vide order dtd. 6/5/2011 to conduct a survey of the area which revealed how illegal mining had ravaged the forest area of the aforesaid districts.