- (1.) IN the Report dated 18-12-2008 of the Karnataka Lok Ayukta, it is, inter alia, stated that 1081.40 ha of forest area is under illegal mining/ encroachment by way of mining pits, overburden dumps, construction of roads, etc., undertaken by various leaseholders outside their sanctioned mining lease area. The break-up of the said area, as given in the Report of the Karnataka Lok Ayukta reads as under:
(2.) OUT of 99 cases dealt with in the Report, illegal mining/encroachment, as described hereinabove, is taking place in 74 eases (60 cases involve encroachment of forest areas) while, in the remaining 25 cases, the illegal mining/encroachment was not found/surveyed. This position is indicated by the relevant statements annexed to the CEC Report as Annexures R-52 and R-53. In some of the cases, which arc brought before us today, at the ad interim stage, we find prima facie that the input supplied to us on encroachment needs reverification before taking decision on the interim relief sought by CEC. The lessees complain that they were not heard on the question of encroachment. There are lessees who have orders in their favour of the High Court.
(3.) SINCE the matter(s) is at the stage of mentioning, we are of the view that under the above circumstances at this stage we must accept one of the recommendations of CEC being Recommendation (it) by which CEC has suggested constitution of a joint team of senior representatives of the Forest Department and the Department of Mines and Geology of the State of Karnataka to carry out the demarcation of the leases concerned in the presence of the representatives of the mining leaseholders. However a request is made by Shri Prashant Bhushan, learned counsel for the petitioner in Writ. Petition No. 562 of 2009 that the team should include the representative of the Karnataka Lok Ayukta.;