A bench comprising Chief Justice K.G. Balakrishnan and Justice Deepak Verma directed the Survey of India to constitute a special team of experts by March 26 and take up the survey of the first mine field of 68.5 hectares leased out to the Reddy brothers’ Obula-puram Mining Company (OMC) to determine the extent of “encroachment” of reserved forests by it.
The Survey of India team was given two weeks’ time to complete work on the first 68.5-hectare field and submit a report by April 9, when the court will hear the case. This team will be assisted by officials from the Andhra Pradesh forest department, the court said.
The court assured OMC counsel Mukul Rohtagi, who pushed hard to allow mining in the remaining two fields leased to the company till the survey is completed, that permission would be granted if “no violation” of leased boundaries and encroachment of forest was found.
But the CJI made it clear that till the survey of each field was done, mining activities could not be allowed as there were findings by the Supreme Court- appointed central empowerment committee (CEC) as well as an environment and forest ministry (MoEF) team about “encroachment” of reserved forests by OMC and three other leaseholders.
The Survey of India will also conducted a study at the mining leases of the three other licensees — Bellary Iron Ore Ltd, Y.M. & Son, and Anantapur Mining Corporation — after completing the survey of fields leased to the Reddy brothers’ company, the court ordered.
The other two mining fields leased out to OMC measured 25.98 hectares and 39.5 hectares respectively, and the survey will determine whether they had extended the boundaries of all three fields beyond the permitted limit.
The direction of a fresh survey was issued on the special leave petition of the Andhra Pradesh government challenging the state high court order dismissing its plea for a fresh survey and till then continuing the suspension of mining activities.
Attorney-general Goolam E. Vahanvati said the CEC and MoEF teams had found “gross violations” of mining leases and extending their boundaries to reserved forests by OMC and the other leaseholders.
The high court had dismissed the state government’s petition on technical grounds — that the matter did not fall under the state’s jurisdiction but was essentially a Central subject.
The OMC counsel pressed hard for continuing mining in the other two fields, saying the company had iron ore export commitments. But the bench was not impressed, and at one stage observed: “You should have some respect (for) the sentiments of the court.” Senior advocate Harish Slave, appearing for the CEC, said no mining activity should be allowed in the area till the entire survey was completed.
S.S. Negi