KOLHAPUR | Nov 24, 2015: Forest officials have taken objection to the mining operations of a private company in Shahuwadi tehsil of the district. According to the forest department, as per a notification under Forest Conservation Act, 1980 in the Bombay Government Gazette dated November 12, 1953, the 267 hectares of land in Shahuwadi tehsil is reserved forest and cannot be used for non-forest activities.
However, the land ownership document (7/12 extract) of the same piece (gate no 62) does not clearly state that is 'reserved forest'. The district collector has given the private company permission for mining. A case has been registered with the Bombay high court and the next hearing is scheduled for December 9.
The company, Shri Warna Minerals pvt ltd, is carrying out bauxite mining in Yelwanjugai village in the tehsil. Despite several calls to the company's office, no one agreed to come on the record and issue a statement.
The company had approached the HC in April this year seeking legal support for its operations. A division bench of Justices AS Oka and Gautam Patel of the HC on Saturday provided relief for the company. The company filed the petition after authorities, allegedly forest officials from Kolhapur district, stopped work at the sight without citing any reason.
A major controversy is likely to break out as all clearances sought by Warna Minerals are based on the 7/12 document, which has not clearly mentioned that the land has been notified as reserve forest. Based on this document, the company went ahead in 200 and filed applications with the Centre's mining department seeking permission.
The Karvir sub-divisional and other officials had submitted a report that the land belongs to the revenue department and is not inhibited by nomadic tribes or adivasis. Based on this, the Centre's mining department and the Indian Bureau of Mines gave a green signal to mining for the next 30 years. The land was leased out followed by a local village passing a resolution.
In 2014, other necessary departments like the Maharashtra Pollution Control Board and Kolhapur district mining department also gave clearance for the excavation of bauxite and its transport. The company also paid a royalty of Rs1,95,00,000to the district mining officer on July 29, 2015.
Warna Minerals has also maintained that it has mined a 50,000 tonnes of bauxite which it intends to supply to Jaigad port in Ratnagiri and some Belgaum. If there are more delays, the firm will incur heavy losses.
The Kolhapur forest department has asked its assistant conservator of forest Bharat Patil to present its side in the HC. I will be representing the forest department in the HC. We have some documents where the department has already denied permission for mining to the company. A letter dated November 12, 2013, will be presented to the court, which has outright rejected the proposal of Warna Minerals," said Patil. He refused to divulge more details since the matter is in court.
Officials from the department also pointed out since the notification in 1953 has been published, the provisions of the India Forest Act, 1972, and the Forest (Conservation) Act, 1980, are applicable to the same property. This is even though the final notification under Section 20 of the Forest Act, 1972, has not been published.
In a hearing on November 17 this year, the HC bench had given interim permission to the company to continue mining. On the same date, the assistant government prosecutor, through a letter to the additional principal secretary, had suggested that the principal secretaries of forest and revenue should hold a joint meeting and decide the ownership of the land.
District collector Amit Saini told TOI, "I am aware of the law. I will have to check whether the issued notification for the said piece of land has a time limit or not. I will look into the details and comment on the issue."
Despite several calls and SMSes, district additional collector Ajit Pawar was not available for comment.
(Source: http://timesofindia.indiatimes.com/)