HC Kolhapur bench
Kolhapur: Bombay high court’s Kolhapur bench has quashed three Maharashtra govt orders that permitted the removal of iron ore dumps from forest land near Redi Port in Sindhudurg district, holding that the permissions were granted without the mandatory prior approval of Centre under Section 2 of the Forest (Conservation) Act, 1980. A division bench of Justices Sharmila Deshmukh and Neeraj Dhote delivered the judgment on Oct 13 after reserving orders on Sept 28. The court was hearing petitions filed by Sindhudurg resident Dinanath Rajaram Ballal and, separately, by Redi Port Ltd, Earnest Shipping and Ship Builders Pvt Ltd, and shareholder Dr Earnest John II. Respondents included Union and state govts, Maharashtra Maritime Board (MMB), New India Mining Corporation Private Limited (NIMCO) and Gadag Mines and Minerals Private Limited.
The dispute relates to Survey numbers 15 and 58 near Redi Port, spanning 33.78 hectares classified as forest land. Between 1974 and 1991, NIMCO deposited low-grade iron ore rejects along the seashore and seabed adjoining mining areas. Maharashtra Maritime Board had sought diversion of the land for port expansion, while the state issued permissions in 2018, 2019 and 2021 for removal of the iron ore dumps. HC noted that the 2021 order itself required compliance with Section 2 of the Forest Act and the Environment (Protection) Act, 1986, before any work could begin, indicating official recognition that the land was forest land. Holding that Section 2 restricted the use of forest land for non-forest purposes, including mining-related activities, the court ruled that prior approval from Union govt was mandatory. The court, however, said state authorities would be free to exercise powers under Section 48 of the Maharashtra Land Revenue Code after obtaining the requisite approval under the Forest Act. NIMCO, which claimed ownership of the dump stock based on a civil court order, had relied on a ministerial order noting that the iron ore dumps stood about 55 metres above sea level and directing precautions to prevent seawater ingress if the material was relocated.
You Can Also Check: Gold Rate in Kolhapur | Silver Rate in Kolhapur | Bank Holidays in Kolhapur | Public Holidays in Kolhapur Stay updated with the latest Kolhapur news.
“The land being identified as forest land, the grant of permission to remove iron ore constitutes permission for non-forest use and would require clearing of trees,” the bench observed, adding that it was undisputed that the dump-removal work could not be undertaken without diversion of forest land. The accumulated material later formed land parcels that were assigned survey numbers by the revenue department. Subsequent plantations by the social forestry department led to the land being recognised as forest land. Redi Port Ltd had also sought a blanket restraint on the state from issuing any further orders relating to dump removal. The court nevertheless set aside the permissions for want of statutory forest clearance. Download the TOI App.