The National Green Tribunal (NGT) has taken suo motu cognizance of mining near the 1200-year-old Kumaraswamy Temple in Sandur, Ballari district, Karnataka.
The petition is registered suo motu on the basis of a news item dated 19.06.2024.
As per the news item, the Karnataka government has recommended the first-level clearance for a mining project near the Kumaraswamy temple. The temple is believed to have been built in the 7th or 8th century CE, is a protected monument under the Archaeological Survey of India (ASI).
The news item states that the Karnataka Forest Department has requested “In-Principle” (Stage-1) approval for mining a 70-acre forest area known as Kumaraswamy Betta. The mining lease boundary approved by the government is within 400 metres of the temple, prompting concern from local activists and citizens.
The news item highlights that the government’s decision to grant clearance for mining near the temple was made possible after the withdrawal of a 1978 notification that prohibited mining within a 2 km radius of protected monuments. The close proximity of the mining operations, which involves heavy machinery and blasting, threatens the structural integrity of the temple.
The news item asserts that activists have opposed the project and petitioned the Karnataka High Court in August 2023. The court ordered an expert committee to evaluate the potential impact of mining on the temple and its environment. Before the committee could finalise its findings, the Department of Mines and Geology and ecided to restrict mining to 600 metres from the temple. This decision was seen by activists as a move to bypass the expert committee’s recommendations, as the committee had only submitted a preliminary report highlighting the environmental risks but not yet determining the structural safety of the temple.
The news item raises substantial issue relating to compliance of provisions of Environment Protection Act, 1986 and Mines and Minerals (Development and Regulation) Act, 1957.
“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. Afroz Ahmad impleaded the following as respondents in the matter:
- Central Pollution Control Board, through its Member Secretary.
- Department of Mines and Geology Karnataka, through its Director.
- Karnataka State Pollution Control Board, through its Member Secretary.
- Ministry of Environment and Forest.
- Archaeological Survey of India, Through its Director General.
- 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 14.10.2024.
On the previous date when the matter was listed, Counsel for State of Karnataka had submitted that same issue is pending before the High Court and similar issue is pending before the Supreme Court. In spite of the opportunity, no details of such pending matters have been disclosed before the Tribunal till date.
The Counsel appearing for respondent nos. 2 and 6 submits that details and compilation of such orders of High Court and Supreme Court have not been provided by the concerned department to him till date.