Waive penalty for forest law violations in Western Ghats: KIOCL to govt

State-owned Kudremukh Iron Ore Company Limited (KIOCL) has sought ex-post facto approval for regularising diversion of hundreds of acres of forest in the Kudremukh division and has requested the authorities to waive “all claims” against the company.

KIOCL, whose mining activities have stopped since January 2006 following a Supreme Court order, built the Lakya dam in Kalasa taluk, Chikkamagaluru district a year before the Forest Conservation (FC) Act came into force in 1980. The dam then submerged 655 acres.

Dam height raised

Between 1990 and 1995, the company increased the dam height from 65 metres to 100 metres and the length from 620 metres to 1,048 metres.

As a result, the area under submergence more than doubled to 1,482 acres.  An additional 840 acres was submerged outside the area leased to KIOCL.

In total, about 1,670 acres of rich forest in the heart of Western Ghats was submerged without obtaining clearance.

In 2001, the forest department filed a case against the company for illegally raising the dam height and violating the FC Act, 1980 and the Wildlife (Protection) Act, 1972.

In the last 25 years, the department has sent multiple letters and notices to the company, trying to get environmental compensation for the damage caused to the pristine forests.

Now, company has sought ex-post facto clearance for submerging 697 acres of forest. “KIOCL requests government of Karnataka to consider application... for raising the height of Lakya dam from 65 metres to 100 metres towards submergence of forest areas and grant ex-post facto approval for forest clearance and drop/waive off all claims against KIOCL,” says a letter by KIOCL’s deputy general manager.

Sources said though the wildlife wing of the forest department had said that the submergence had not caused any “damage to endangered species,” the overall impact of the project needs to be assessed.

In addition to the submersion, KIOCL has sought diversion of 130 acres for the slurry pipeline built in the forest area.

“KIOCL is facing hardship to have an alternative water source (for the plant) in Mangaluru. Also, Mangaluru city faces water scarcity during summer. The KIOCL has helped Mangaluru Corporation in this regard, as per instructions of the deputy commissioner, Dakshina Kannada,” the company said.

A senior official in the forest department said four cases had been registered against the company for various violations.

“Raising the dam height, exploring minerals, building roads and other violations have attracted four cases. As per law, regularisation involves paying penalty. Moreover, a step towards restoration of forest needs to begin at some level. The department has submitted the reports. The government has to take a call,” he said.