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Karnataka has no power to ban iron ore export, says Centre
However, the Centre did not state anything on the future course of action with regard to the export ban in the state.
Updated : Aug 21, 2010, 08:48 AM IST
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Without taking a definite stand, the central government on Friday presented its objection to the state government’s decision to ban the export of iron ore.
The state has no power to ban the export of iron ore and it can only restrict mining activities, said the central government in its objections submitted to the Karnataka high court on Friday.
However, the Centre did not state anything on the future course of action with regard to the export ban in the state.
The Centre also contended that while the state had powers to regulate the mining activities in areas where mining lease has been granted, most of the powers to prevent and control illegal mining were exclusively with the state under the MMDR Act. Imposition of ban on issue of Mineral Dispatch Permits (MDPs) for transportation for exports might not be the ideal measure to curb illegal mining.
The division bench comprising chief justice JS Khehar and justice S Abdul Nazeer adjourned the case to next Friday and Saturday, after hearing the batch of petitions filed by miners challenging the July 26 and 28 notifications banning the export of iron ore from 10 minor ports in the state and prohibition on the issue of MDPs for transportation of the ore.
Meanwhile, the Dharward high court circuit bench has ordered the state government to submit a report on the missing iron ore from Belekeri port within a week. The justice Arali Nagaraj-headed single bench issued the order.
The petitioners contended that over 5 lakh tonnes of iron ore were missing from Belekeri port, which were seized by the Lokayukta in July.
The miners, on the other hand, have stepped up their objection to the probe into illegal mining by the Lokayukta.
“Under the Karnataka Lokayukta Act, 1984, the Lokayukta has no power to probe illegal mining. The Lokayukta cannot probe the issue when the subject is completely covered by the Centre,” said senior counsel and former advocate general, RN Narasimha Murthy, appearing on behalf of the miners.
