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This is an archive article published on May 13, 1998

HC clamps down on mining in sanctuary

MUMBAI, May 12: A division Bench of the Bombay High Court HC has stayed the renewal of lease for mining bauxite in the heart of Radhanagar...

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MUMBAI, May 12: A division Bench of the Bombay High Court HC has stayed the renewal of lease for mining bauxite in the heart of Radhanagari Wildlife Sanctuary in Kolhapur district. Admitting a writ petition filed by the Bombay Environmental Action Group BEAG, the Division Bench, comprising Chief Justice MB Shah and Justice AY Sakhare, stayed the renewal of the lease granted 30 years ago to Indian Alluminium INDAL, a private sector company, and restrained it from carrying out any mining operation.

Environmentalists had filed a PIL, challenging the Government8217;s decision to renew the lease without seeking the permission of the Maharashtra Forest Department or of the Central Government as per the provision of the Forest Conservation Act 1980. The next hearing on the case along with yet another petition filed has been fixed for June 19, 1998.

INDAL had obtained the mining rights for a period of 30 years from 1968 to 1998 in Iderganj area of Radhanagari tehsil. The total leased area was about 777hectares. But during the last 30 years INDAL undertook only some preliminary work. The petition had argued that since no mining activity were carried out the lease had lapsed under Section 4A4 of the Mines and Minerals Regulation amp; Development Act, 1957. However, the issue acquired a new dimension in 1985 when the leased area came under the Sanctuary and was declared as a reserved forest.

In September 1997 the petition was disposed of by the Court following an assurance by the company that no mining would be carried out in Iderganj without Government permission. However, in December 1997 the company began mining operation near Iderganj, sparking off the controversy entailing a legal suit.

 

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