BENGALURU: While state forest department officials had orally turned down the proposal made by Kudremukh Iron Ore Company Limited (KIOCL) to submerge forest land of Kudremukh National Park (KNP) in the Lakya dam waters, citing Supreme Court orders, the proposal continues to be listed on government portals, and is pending approval.
Taking note of this, conservationists on Tuesday submitted a memorandum to State and Central governments to reject KIOCL’s proposal and remove it from the Parivesh portal of the Ministry of Environment, Forests and Climate Change, where applications seeking forest and wildlife clearance are uploaded.
In 2022, KIOCL applied for ex-post facto forest clearance for submerging 340 hectares of forest land in Lakya dam waters in KNP. “The company had sought to divert dam water to undertake civil work to ease transportation. KIOCL had also illegally raised the height of Lakya dam by 100 metres, which destroyed wildlife habitats. It is shocking that the proposal continues to be listed by successive governments,” a forest official said.
Praveen Bhargav, trustee, Wildlife First, who is also a signatory to the memorandum and a petitioner in courts, said the Supreme Court had issued orders to close all mining activities in 2002. Yet, in 2022, KIOCL has sought forest clearance.
“KIOCL has deviously uploaded the proposal for forest clearance under Section 2 of the Forest (Conservation) Act, 1980. Detailed examination of forms filled showed that the Mangaluru Conservator of Forests had observed that ex-post facto clearances, as per FCA guidelines, are not to be considered, and also cited the negative impacts.
And yet, for reasons which can only be surmised, he recommended the proposal for approval under the FCA when it was clear the proposal falls within the ambit of Wildlife Clearance and the Wildlife (Protection) Act, 1972,” Bhargav said.
He added that Section 35(6) of the Wildlife (Protection) Act, 1972, clearly prohibits the diversion or stoppage of water flow into or outside the National Park unless it is for the improvement and better management of wildlife. The proposal seeking diversion of water from Kudremukh National Park (KNP) is in no way connected to the improvement and better management of wildlife.
It may also be noted that CAG, in its 2003 report, had assessed that environmental loss was Rs 115.86 crore, which was yet to be recovered. Even after over 20 years, this amount with penal interest has not yet been recovered by the forest department.
“The company has committed a series of forest offences, disregarding the law. In addition to the violation pertaining to raising of Lakya dam, the CAG is its 2003 report had also documented that the company had illegally mined an additional forest area of 56.28 ha and the environmental loss was pegged at Rs 19.33 crore, which was not recovered.
It has also been recorded that KIOCL constructed roads and borrow pits breaking fresh forest land for which the environmental loss was fixed at Rs 3.96 crore but not recovered.
Thus, as per the CAG report, a total penalty of 139.15 crore is to be recovered,” the memorandum to the Additional Chief Secretary, Forests, Ecology and Environment and Principal Chief Conservators of Forests read.