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NEW DELHI: The Supreme Court was told on Friday that many of the mining companies in Karnataka have clearances. Recommendation is that you have to have your statutory permission in place. Otherwise, you cannot start, the Amicus Curea in the case Shyam Divan said.To this, Prashant Bhushan told a Bench comprising Chief Justice S H Kapadia, Justice Aftab Alam and Justice Swatanter Kumar that these clearances were granted “rampantly” and “recklessly”. Mining should be allowed only if forests in the area are standing, he said.The Amicus stated that the R & R plan, the relief and rehabilitation plan essentially looks at where the forests are destroyed and how planting of trees is to be undertaken.“We have to examine if areas where virgin forests are there, whether mining should be allowed,” Prashant Bhushan felt.To this, the Chief Justice said, “We don’t want a virgin forest to be wiped out. Amicus said, “We’ve to see what is a broken forest and what is an unbroken forest.”The CJ said then preliminary work will commence with broken forests. Amicus said that if such an order is passed, it would create confusion and everybody would commence operations.The Amicus also suggested that the mining which was resumed in Category A mines shall not be extended to unbroken forest areas. Senior counsel K K Venugopal, appearing for one party, said, “The CEC has filed a report with regard to eight matters and your Lordship may consider them.” “Every problem cannot be addressed by us today. We want to go in phases,” replied the CJ. “So many persons’ livelihood is involved,” reminded the counsel. “Moreover, reclamation of damaged lands has also to be taken care of,” he added.Venugopal further said that boundaries for the mines were fixed six years ago. “But, if you measure by digitalisation, you would say, I’ve have encroached.”T V Ratnam appeared for the state of Andhra Pradesh which moved the apex court against the Obulapuram Mining Corporation.At the end of about one-hour-plus hearing, the Bench passed an order saying that the sale of iron ore with permitted auction not found to be involved in any illegality would be reimubursed to their respective stockyards.
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