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SC rejects objections against CEC recommendation on Karnataka mining

Last Updated: Thursday, April 18, 2013 - 21:43

New Delhi: The Supreme Court on brushed aside the objections against the Central Empowered Committee`s (CEC) recommendations, including those on categorisation of mines in Karnataka, saying as the situation was extraordinary, the remedy must match.

The bench headed by justice Aftab Alam also said statutes like, MMDR Act, FC Act and EP Act, would not be "effective or efficacious" to deal with this situation where "large scale illegalities were committed in the operation of mines" in Bellary, Tumkur and Chitradurga districts of the state.

"The mechanism provided by any of the statutes in question would neither be effective nor efficacious to deal with the extraordinary situation that has arisen on account of the large scale illegalities committed in the operation of mines in question resulting in grave and irreparable loss to the forest wealth of the country besides the colossal loss caused to the national exchequer.

"The situation being extraordinary the remedy, indeed, must also be extraordinary. Considered against the backdrop of the statutory schemes in question, we do not see how any of the recommendations of the CEC, if accepted, would come into conflict with any law enacted by the legislature," the bench said.

The court also said, "It is only in the above situation that the court may consider the necessity of placing the recommendations made by the CEC on a finer balancing scale before accepting the same.

"We, therefore, feel uninhibited to proceed to exercise our constitutional jurisdiction to remedy the enormous wrong that has happened and to provide adequate protection for the future, as may be required," it said.


First Published: Thursday, April 18, 2013 - 21:43
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