HC dismisses govt appeal on mining

KOCHI: The Kerala high court on Friday dismissed the state government's appeal against a single bench's order that quashed its decision not to grant permits for mining atomic minerals, mainly Titanium-bearing minerals and ores, from the state's coastal belt citing environmental impact.
The government's appeal against Kerala Rare Earths and Minerals Limited (KREML) and two others was considered by a division bench comprising Justice Thottathil B Radhakrishnan and Justice Babu Mathew P Joseph.
KREML is a joint sector company promoted by a private firm called Cochin Minerals and Rutiles Ltd, the Union government owned Indian Rare Earths Ltd and Kerala State Industrial Development Corporation. KREML has been seeking permission to mine Ilmenite, Rutile, Leucoxene, Zircon and Sillimanite in Arattupuzha village in Alappuzha district.
On February 21, 2013, a single bench of the high court quashed the state government's decision to deny mining permits in spite of the Union government's approval.
Upholding the single bench's order, the division bench said the state government's denial to grant permits despite the central government's approval is "sheer statutory and institutional insubordination." The facts in the issue were already considered by the central government while issuing the order, the bench held.
In November 2009, the Union government had set aside the state government's decision in October 2006 not to grant mining lease to KREML (for areas covered in 9 applications) despite the central government's approval. The Centre said the state government's policy decision was not in consonance with Mines and Minerals (Development and Regulation) Act, 1957 and National Mineral Policy, 2008. The state government was asked to reconsider all the 9 cases in view of the central government's order.
The state government had allowed KREML's applications for granting mining lease, subject to prior clearance by the ministry of atomic energy and the ministry of environment in May 2003 and the company had won the central government's approvals for mining Ilmenite, Rutile, Leucoxene, Zircon, and Sillimanite in June 2004.