The National Green Tribunal (NGT) has taken Suo Motu cognizance of the loss of forest cover due to mining activities in Karnataka.
The petition is registered suo-motu on the basis of the news item dated 21.08.2024.
As per the article, in the last 14 years, four districts in Karnataka, including the undivided Ballari district, have lost 4,228.81 acres of forest due to mining activities. Ballari alone accounted for 80% of this loss, with 3,338.13 acres affected. Between 2010 and March 2024, 60 mining projects were approved in these districts, with Ballari leading with 39 projects. Additionally, mining leases for at least 5,000 acres of forest were extended or renewed during this period.
The news item highlights that following a Supreme Court order, the Indian Council of Forestry Research and Education (ICFRE) found that 8.9 sq km (2,199.24 acres) of forest were destroyed between 2000 and 2011 due to mining activities, which affected a total of 43.4 sq km (10,724 acres) of land. In 2013, the Supreme Court noted that species like the Egyptian vulture, yellow-throated bulbul, white-backed vulture, and four-horned antelopes had vanished due to forest depletion from mining, leading to the implementation of stringent norms.
Furthermore, the article alleges that legalized mining has caused twice the forest destruction compared to illegal mining, significantly impacting wildlife and local communities in Sandur.
It also states that a four-fold increase in asthma cases was found due to mining-related air pollution and estimated annual agricultural income losses at Rs 200 crore. Moreover, iron ore production emits 25 kg of CO2 per tonne, requiring plantations on 400 sq km to offset 2011 emissions, costing Rs 120 crore. The article asserts the need for intergenerational equity, noting that otherwise, Ballari’s mineral deposits may last only 25-30 years.
The above matter indicated Bench violation of the provisions of the Environment Protection Act, 1986; Forest Conservation Act, 1980 and Mines and Minerals (Development and Regulation) Act, 1957.
The news item raises substantial issues relating to compliance with the environmental norms and implementation of the provisions of scheduled enactment.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, the Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
i. Central Pollution Control Board, Through its Member Secretary.
ii. Department of Mines and Geology Karnataka, Through its Director .
iii. Karnataka State Pollution Control Board, Through its Member Secretary.
iv. Ministry of Environment and Forest.
v. District Magistrate, Ballari.
The Bench issued notice to the Respondents.
Since the matter relates to the Southern Zonal Bench, Chennai, therefore, the Bench transferred the matter to the Southern Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Southern Zonal Bench and the matter is listed on 05.11.2024.