Karnataka court seeks centre’s response on iron ore export ban

BANGALORE - The Karnataka High Court Friday sought a response from the central government on why it did not act against the ban on export of iron ore imposed by the state government to check illegal mining.

“You could have taken suo motu action under section 30 of the Mines and Minerals (Development and Regulation) Act, 1957 to check illegal mining in the state,” a division bench headed by Chief Justice J.S. Khehar told the central government’s counsel, seeking a reply by Oct 1.

The bench is hearing a batch of petitions filed by nine mining companies against the ban on export of iron ore imposed by the state government in July.

“This is an extensive litigation and we want to know in detail responses from all parties involved,” Justice Khehar said.

Under section 30 of the MMDR Act, the central government may, on its own or on an application made within the prescribed time by an aggrieved party, revise any order made by a state government or any other authority under the powers conferred on it by or under the act (with respect to any mineral other than a minor mineral).

Earlier, the bench comprising Justice Khehar and Justice Abdul Nazir directed the state government to amend the Karnataka Mineral (Regulation of Transport) Rules, 2008 by incorporating the agreed procedures arrived Sep 15 by it with mining companies.

The bench also disposed a batch of petitions challenging the rules notified March 26, 2008. The rules stipulated seven days for transport of minerals from the mines to ports from 30 days fixed earlier.

On the directive of the bench, the department of mines and geology proposed to issue mineral transport permits to mining firms with eight-day validity for transporting the iron ore to ports by road.

In respect of transporting the iron ore by railway wagons from the minehead to its destination, one permit per rake will be issued with 15-day validity.