Daijiworld Media Network – Bangalore (SP)

Bangalore, Aug 21: In a setback to the state government, the union government told the state High Court on Friday August 20, that the state government can only place certain restrictions on exports, and that it does not have the power to enforce blanket ban the ore exports. This written statement was filed by the centre, in response to various petitions filed in the state High Court by some ore companies against the ban order passed by the state government over the export of iron ore from the state, through orders dated July 27 and 28 this year.

“Under the National Mineral Policy – 2008, the power to ban ore exports is vested with the central government alone. However, the state government has powers to enforce certain restrictions,” it explained. It also added that as it is not clear as to whether the state government had used the powers vested with it under section 23-C of The Miners and Minerals (Regulation and Development) Act, it will not comment on the aspect of the maintainability of these orders.

It felt that banning of ore export was not the right way to stop illegal mining, adding that the respective states have the responsibility of monitoring the mining activity to ensure that illegal mining does not take place in their states.

Senior advocate, R N Narasimhamurty, who represents one of the petitioner companies, placing his arguments before the High Court for two hours, said that the ban is like punishing a third party for the sins committed by someone else. He also tried to drive home the view that the Lokayukta does not have the jurisdiction to investigate illegal mining, and that only the union government can investigate it.