The Karnataka High Court today questioned the Central government as to why it had not taken suo motu action under Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957 to check illegal mining in the state.
The division bench of the state high court headed by chief justice J S Khehar sought a reply from the counsel of Central government as to why it did not act on its own when it says that the state government has no powers to ban exports of iron ore.
The bench was hearing the petition filed by nine mining companies against the ban on the export of iron ore by Karnataka government.
“This is an extensive litigation and we want to know in detail the responses from all the parties involved,” Justice Khehar stated.
Under Section 30 of MMDR Act, the Central government may, of its own motion or on application made within the prescribed time by an aggrieved party, revise any order made by a state government or other authority in exercise of the powers conferred on it by or under the Act (with respect to any mineral other than a minor mineral).
He asked the Central government to come out with a reply by October 1 before adjourning the case.
Earlier, the division bench comprising Justice Abdul Nazir and Justice J S Khehar directed the Karnataka government to amend the Karnataka Mineral (Regulation of Transport) Rules 2008 by incorporating the agreed procedures arrived on September 15, 2010 between mining companies and the state government.
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Further, the bench disposed off a batch of petitions challenging the said rule which was notified on March 26, 2008. The rules had stipulated seven days for the transport of minerals from the mine head to ports from the 30 days fixed earlier.
At a meeting convened by the government on the direction of division bench of the Karnataka High Court on September 15, the department of mines and geology officials proposed to issue mineral transport permits with a validity of up to 8 days for long distance movement for single mode of transport.
In respect of the transport of the entire material by way of railway from the point of mine head to the point of destination, one permit per rake would be issued. The validity period for such as permit would be a maximum of 15 days.
The government has also offered to issue one permit per railway rake depending on capacity of rake (3,800 tonnes) with a validity period of 15 days. For transport of mineral by road from mine head to a storing point near the rail head would be regulated by issue of trip sheets and forest way permits in the case of mineral excavated from forest areas.
The duration for transport from mine head to the point of storage at the railhead would be based on the actual distance, which is one day for a maximum distance of 100 kms.