Slamming the Karnataka government for failing to decide on renewal of mining licences and resumption of mining operations in the state, the Supreme Court on Thursday asked it to take a call by March 16, or else it will be forced to decide.

A bench led by justice NV Ramana, while coming down heavily on the state government for an inordinate delay in deciding the mining lease issue, said: “Is there a policy paralysis that Karnataka government isn’t deciding on mining leases? Has the state failed? You have created a cause of actions for them (lease holders) to initiate litigation”

“Your bureaucracy has failed to take a decision. Is the bureaucracy not working? You are making us to use harsh words. After 50 years or so, you say it is a forest land. Has bureaucracy left everything for the court to decide,” the bench told the Karnataka government counsel.

The apex court was hearing a batch of appeals including one by Mineral Enterprises which had challenged the Karanataka HC’s October last year’s order that had refused to give permission for resumption of mining operations in its leased land measuring 57 hectare in Bedra Bommanahalli village, Chiltradurga district.

Senior advocate Dushyant Dave and advocate Rohit Sharma, appearing for Mineral Enterprises, argued that despite it having a valid mining lease since September 2016 and also all the requisite clearances and permissions, the SC-appointed monitoring committee has failed to issue it working permission for resumption of mining operations on the ground that for over three years, the state forest authorities are yet to issue a clarification regarding the status of the leased land as forest land or otherwise.

The company submitted that pursuant to the SC’s directions in April 21018, the CEC had conducted a detailed enquiry into the status of its lease land and had concluded that the same is revenue land.

“Despite the categorical report of the CEC, the officials of forest department, government of Karnataka, issued a completely unlawful and factually incorrect communication in August 2019, opining that the leased land is forest land, during the course of arguments in contempt proceedings in the HC,” the petition stated.

Even in the RnR Plan prepared by ICFRE, the lease land had been recorded as revenue land. “Therefore, since the petitioners (Minerals Eneterprises) hold a valid mining lease since September 2016, which is valid till March 31, 2020, there is absolutely no reason for any authority to prevent the petitioners from carrying out mining operations in the lease,” the petition stated.

Blaming the state government for an “inordinate” delay in taking a clear stand, the company said that the entire delay had caused great loss as it has not been able to operate its mine since September 2016.

Seeking permission to immediately recommence mining operations and also restrain the Karnataka government from treating its mining lease area as ‘forest land’, the mining lease holder wants extension of lease period due to unlawful conduct of the state authorities as its lease is due to expire on March 31.