HC questions Centre's inaction on illegal mining

The Karnataka High Court on Friday questioned the central government as to why it had not taken suo motu action to check illegal mining in the state under the relevant Act.

A Bench of the high court headed by Chief Justice J S Khehar sought a reply from the Centre’s counsel as to why the government did not act under Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957, as it claims the state government has no powers to ban export of iron ore.

The Bench was hearing a petition filed by nine mining companies against the ban on the export of iron ore by the Karnataka government.

“This is an extensive litigation and we want to know in detail the responses from all parties involved,” said Justice Khehar.

Under Section 30 of the MMDR Act, the central government may, on 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).

The judge asked the Central government to give its reply by October 1, before adjourning the hearing.

The Bench, also comprising Justice Abdul Nazir, had directed the state government to amend the Karnataka Mineral (Regulation of Transport) Rules, 2008, by incorporating the agreed procedures arrived on September 15, between mining companies and the state government.