There is considerable public outcry against the proposed mining in Bolegowdana Katte near Mysore city. Most reports in the media are blaming the state government for allowing mining. The purpose of this letter is to correct some common misconceptions about this matter.
1. The state government, through a cabinet decision taken on 20-2-10, dereserved a portion of the forest near Bolegowdana Katte for mining magnesite. As far as we know, it has not given permission for mining.
2.The state government has no power to divert forest land for non-forestry use. That power vests with the Ministry of Environment and Forests of the central government.
3. The state government has no power to allow or disallow mining anywhere. The Constitution of India has specified which matters come under the purview of which government. These are contained in the Union List, the State List and the Concurrent List of the Seventh Schedule of the Constitution. Entry No. 54 of the Union List says "Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest." Such a law, the Mines and Minerals (Regulation and Development) Act, 1957, has been passed by the Parliament. This act leaves only minor minerals to the purview of the states and various states have formed rules to govern the mining of minor minerals only. The Karnataka Minor Mineral Concession Rules, 1994 defines minor minerals to be building material including: felsite, quartzite, sandstone, marble, limestone, sand, brick and tile clay, etc., but do not include magnesite. Only the central government can permit magnesite mining .
Therefore, if Member of Parliament H.Vishwanath, who is in the forefront of the anti-mining movement, can persuade the central government (which is controlled by his own party) not to dereserve forest land for mining and not to issue mining licences, the problem will be solved. One need not worry about the state government at all. If the state government proceeds in this direction on its own, one can approach the courts and stay its actions. The high courts (e.g., AIR 1990 Kar 97) and the Supreme Court (e.g., AIR 1970 SC 1436) have time and again curbed such adventurism by state governments in the matter of mining.
C.V. Nagaraj, Mysore Grahakara Parishat