The National Green Tribunal (NGT) has taken Suo Motu cognizance regarding the allocation of Karnataka Mining Environment Restoration Corporation (KMERC) funds for development projects in non-mining impact zones.
This Suo Motu petition stems from a news report dated March 4, 2024, which highlighted concerns about the allocation of KMERC funds. The article emphasized that these funds are intended for ecological restoration and rehabilitation in areas adversely affected by illegal mining. However, it pointed out that several approved projects, such as the development of Hampi Zoo, university renovations, hospital bed expansions, and certain railway projects, are located in areas not impacted by mining.
According to the article, KMERC, established as per Supreme Court orders, has approved 317 projects worth ₹7,634.97 crore. The article argues that using these funds for projects outside mining-affected zones undermines their intended purpose.
The Supreme Court order specified that the ₹24,996 crore approved under the Comprehensive Environment Plan for Mining Impact Zones (CEPMIZ) should be used exclusively in the mining-affected zones of Ballari, Chitradurga, Tumakuru, and Vijayanagara districts. The Central Empowered Committee (CEC) and the Indian Council of Forest Research and Education (ICFRE) recommended that these funds be utilized in 466 villages across 13 taluks within these districts.
The article alleges that local political leaders pressured district administrations to include non-mining-affected villages to utilize surplus funds. It also highlighted that while 20 mining-impacted villages in Sandur taluk suffer from a drinking water crisis, the district administration proposed supplying water to 15 wards of Ballari city, which are not directly affected by mining.
Residents of Kamatur, a village severely impacted by illegal mining in Sandur taluk, claimed that no KMERC funds have been spent in their village. They face a drinking water crisis and lack permanent doctors at primary health centers, while funds are proposed for projects in unaffected areas like Siruguppa taluk.
The NGT noted that the news article indicated potential violations of the Environment Protection Act, 1986, raising substantial issues about compliance with environmental norms and the implementation of relevant provisions.
The tribunal’s power to take up matters Suo Motu was affirmed by the Supreme Court in the “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” case (2021 SCC Online SC 897).
Consequently, the Principal Bench, consisting of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi, and Dr. A. Senthil Vel, included the following respondents in the case:
- Central Pollution Control Board (CPCB), through its Member Secretary.
- Karnataka State Pollution Control Board (KSPCB), through its Member Secretary.
The Bench issued notices to the respondents and transferred the matter to the Southern Zonal Bench in Chennai for further appropriate action. The NGT directed the office to transfer the original records to the Southern Zonal Bench, and the case is scheduled for a hearing on July 26, 2024.
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