The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the allocation of the Karnataka Mining Environment Restoration Corporation (KMERC) for development works in non-mining impact zones.
The Petition is registered suo-moto on the basis of the news item dated 04.03.2024.
As per the article the KMERC funds are meant for the restoration of ecology and rehabilitation of people in areas affected by illegal mining. However, many of the projects approved under these funds, such as the development of Hampi Zoo, the renovation of a University, raising the bed capacity of a Hospital and some railway projects are in zones not impacted by mining.
The article states that KMERC, the special purpose vehicle constituted as per the orders of the Supreme Court, has so far approved 317 projects worth Rs 7634.97 crore.
The article alleges that this defeats the purpose of the funds.
According to the article, the Supreme Court order mentions that the Rs 24,996 crore approved by the Comprehensive Environment Plan for Mining Impact Zones (CEPMIZ) should be utilized only in the mining impacted zones of Ballari, Chitradurga, Tumakuru and Vijayanagara district.
It states that The Central Empowered Committee (CEC) and the Indian Council of Forest Research and Education (ICFRE) recommended the Supreme Court to include 466 villages in 13 taluks of these four districts to utilize these funds.
The article alleges that local elected representatives and political leaders forced the district administration to include villages not hit by mining to utilize surplus fund.
It further alleges that while 20 mining-affected villages in Sandur taluk are reeling under a drinking water crisis, the district administration recommended supplying water to 15 wards of Ballari city, which are not directly hit by mining .
The article alleges that as per a resident of Kamatur, a village severely affected by illegal mining in Sandur taluk, not a single paisa under KMERC has been spent in his village.
They are facing a drinking water crisis, there are no permanent doctors at the primary health centers. Instead of utilizing KMERC funds in our village, the district administration has proposed to build a canal in Siruguppa taluk (not directly affected by mining).
The above news item indicated the Bench violation of the provisions of Environment Protection Act, 1986.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava , Justice Arun Kumar Tyagi and Dr. A Senthil Vel impleaded the following as respondents in the matter:
(i) Central Pollution Control Board (CPCB), through its Member Secretary.
(ii) Karnataka State Pollution Control Board (KSPCB), through its Member Secretary.
The Bench issued notice to the Respondents.
Since the matter relates to the Southern Zonal Bench, Chennai , therefore, the Bench transferred the matter to the Southern Zonal Bench , for appropriate further action. Office is directed by the NGT to transfer the original record to the Southern Zonal Bench and the matter is listed on 26.07.2024.