The Ministry of Environment and Forests, while granting approvals under the Forest (Conservation) Act 1980 for use of reserved forest for six mining leases, had laid down a specific condition to erect permanent pillars at an interval of 20 metres around the lease areas. However, none of the lease holders complied with the condition. Of the six leases, four were held by Reddys alone.
Appointed by the Supreme Court, the CEC has so far dealt with six iron ore mining leases in Bellary reserve forest. The committee, in its 69-page report submitted to the apex court on Friday, has recommended to stall mining operations on the grounds of boundary violation and illegal mining.
Other observations
The inter-village boundary and inter-state boundary as shown in the Bellary reserve forest cannot be used for determining the boundary of the mining leases in the present case as the location and distances shown in the map did not tally with the actual ground situation.
The boundaries of OMC if determined with reference to the bearings given in the lease sketch results in a shape showing unallotted land in between the mining leases.
The Company, in the mining lease of 68.5 hectares has illegally constructed five roads in violation of the Forest Act and lease conditions.
The Andhra Pradesh Mining Department issued permits only on the basis of statements/returns filed by the leaseholders, for transportation minerals and without any physical verification.
This provided ample opportunity for illegal mining and related activities.
Not monitored
There was no effective system of checks and balances existing in the field to ensure that the mining lease boundaries were properly laid and maintained; and that the mining and associated activities were confined to the lease area and regulated as per provisions of the relevant comments, rules and guidelines and the conditions on which the approvals were granted.
- The first renewal period of mining lease in 25.9 hectares of the Obulapuram Mining Company (OMC) actually expired on December 13, 2004. The permission granted by the AP govt to treat the mining lease valid up to April 25, 2017 is illegal and needs to be set aside.
- The mining in the forest area after 2004 is illegal and the value of the mineral extracted from the reserved forest after April 2004 should be recovered from the lease holders based on the normative market value of the mineral extracted from the areas.
- The mining lease of OMC has been renewed after a gap of almost 17 years which is
illegal, and should be
cancelled.
- The boundaries of the mining lease of 39.5 hectares, and the area and boundaries of 68.5 hectares lease granted to the OMC differs materially from the one approved under the Forest Act. The lease deed executed by OMC is therefore illegal and needs to be cancelled.
- The minerals extracted from the mining lease of 68.5 hectares and 6.5 hectares of OMC appears to be far in excess of what could have been extracted from these leases as per the size of the pits.
- The plan attached with the common boundary mining agreement between BIOP and OMC clearly established that OMC has worked illegally in reserved forest area and outside its lease boundary.