Former Supreme Court judge to oversee restoration plan for Karnataka mining districts

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NEW DELHI: The Supreme Court on Thursday constituted an oversight committee headed by a former Supreme Court judge justice B Sudershan Reddy to oversee and approve the plan for mitigating the damage caused by illegal mining in three districts of Karnataka.

The Karnataka government had earlier moved an application before the top court for releasing the funds collected under a plan called Comprehensive Environmental Plans for Mining Impact Zones (CEPMIZ) where 10% of the proceeds from the sale of iron ore was to be deposited by private miners towards the development of the environment, infrastructure and improvement of health facilities in the three districts.

The state set up the Karnataka Mining Environment Restoration Corporation (KMERC) as a special purpose vehicle to oversee the execution of the CEPMIZ and a plan was drawn and submitted to the top court for carrying out a host of development schemes.

A three-judge bench headed by Chief Justice of India (CJI) NV Ramana on Thursday directed the state to submit its plan before Justice Reddy who will scrutinize and decide on its approval in light of the 2013 judgment of the top court which spoke about the creation of SPV and purpose for which the money acquired under CEPMIZ is to be utilized.

The court allowed the state government to submit draft rules for constituting the oversight committee. The petitioner Samaj Parivartan Samudaya, at whose instance the 2013 judgment was passed, was represented in court by advocate Prashant Bhushan who supported the idea of a retired Supreme Court judge to monitor the execution of plans submitted by the state. He pointed out that liberty must be given to the judge, whose decision should be final.

In its application filed in April 2020, the state sought immediate release of funds for the mining impact zones in the districts of Bellary, Chitradurga, and Tumkur. The plan prepared by the KMERC was cleared by the court-appointed environment expert panel called Central Empowered Committee (CEC) with changes.

The court was informed that the money was lying in an interest-bearing account of the State Bank of India. Even the Federation of India Mineral Industries (FIMI) in the state had opposed the money to be given to the state for spending it in terms of the court’s earlier judgment.

The KMERC prepared a comprehensive plan for the integrated development of the mining-impacted region by proposing environmental restoration, agriculture and allied activities, irrigation, drinking water, sanitation and rural roads, health, education, and development of the vulnerable communities, housing, skill development, and tourism. Later, the establishment of a railway backbone connecting all mineral-bearing regions of the three districts was also added to the plan for approval of the top court.

The bench, also comprising justices Krishna Murari and Hima Kohli wondered if the amount will be sufficient to meet all the needs projected under the plan. The total estimated cost of the project was Rs. 24,996.71 Cr. and the projects were to be implemented over a period of ten years after the approval of the scheme by the top court. The SPV, as on September 30, 2021, had accumulated 18,722 crore.

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