Illegal mining in other national parks and wildlife sanctuaries was not the subject matter before the Court.
Illegal mines operating without environment and forest clearance in Maharashtra's eco-sensitive zone will now have to pay up for illegally extracted ore that may run into crores of rupees.
After the Supreme Court directed the state to crackdown on illegal mining, Maharashtra's Chief Secretary filed an affidavit in Court claiming that all illegal mining operations within 10 kilometres of Chandoli national park and Radhanagari wildlife sanctuary have been shut. Illegal mining in other national parks and wildlife sanctuaries was not the subject matter before the Court.
But what the state did not disclose was the action initiated against these firms for continuing mining sans permissions all these years.
Finding the attitude of the state's attitude lackadaisical in this regard, the bench headed by Justice Madan B Lokur told Maharashtra Chief Secretary DK Jain, "From your affidavit, it appears that the Hindalco mine was operational since February 1968 in the village of Durgamanwadi, District Kolhapur, although environmental clearance was obtained only on February 5, 2007." Hindalco did not obtain forest clearance from National Board of Wildlife despite operating bauxite mining within one kilometre of the Radhanagari Wildlife Sanctuary.
Similar story emerged from the affidavit in the case of Panditrao Mines. This company was granted bauxite mining lease in February 2001 over an area of 98 hectares in village Minche in Kolhapur district. Six years down the line, in March 2007 the company obtained environmental clearance but continued without a forest clearance. On October 25, the Supreme Court directed shut down of all illegal mining units in the forest area of Radhanagari. The same day the forest authorities closed the mine.
Upset over the manner in which the state allowed illegal mining to flourish under its nose, the apex bench said, "This is very serious that you let this person (Hindalco and Panditrao) continue until we passed this order. It appears illegal mining was going on in the state. If that's true, the state has lost crores of rupees." The bench asked the Chief Secretary to take necessary steps under the Mines and Minerals (Development and Regulation) Act, 1957 which prescribes penalties for illegal mining and report on action taken by December 5.
Even the Union Ministry of Environment and Forests woke up on March 15, 2018 when it slapped a notice on Hindalco to forthwith stop mining. In two days, the mine measuring 204.75 hectare was closed.
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