Two seismographs were placed near the Jambunatheswara Temple whereas the remaining three seismographs were placed near the blasting sites.
In two rounds of trial blasts companyducted nearest to the temple i.e. in Aarpee Iron Ore Mine of Smt.
On 5.4.1952, Shri R. Gangadharappa was granted a mining lease for an area measuring 182.45 hectares near Jambunatheswara temple for extraction of iron ore for a period of 30 years.
In January, 2008 the Ministry of Environment and Forest has given permission for expansion of mining activity.
The lessee was also granted permission under Section 2 of the Forest Conservation Act, 1980 for short, the 1980 Act to undertake mining operations over forest measuring 101.51 hectares.
Shri Jha has also averred that lease No.1867 granted to one J. Pattabhiramaiah had expired on 28.2.2003 and in the absence of renewal application, that lease does number survive for companysideration.
The magnitude of ground vibration data recorded at the Jambunatheswara Temple varied between 0.325 and 1.13 mm s. The highest magnitude of ground vibration data recorded from all the experimental trial blasts at the temple site was 1.13 mm s at a distance of 290 m from the blast site.
This value has been taken into account, companysidering the importance and structural sensitivity of the temple.
The walls of the temple have cracked and may companylapse if mining activities companytinue.
Two blasts were companyducted at Shankalapuram Iron Ore Mine of M s R. B. Seth Shreeram Narsingdas RBSSN , three blasts at Aarpee Iron Ore Mine of Smt.
Indian Bureau of Mines and other agencies and appear to have been companyducted under ideal laboratory companyditions.
On 14.1.2011, the Court ordered impleadment of the Superintending Archaeologist of the State of Karnataka as a party and directed him to file an affidavit on the present status of the temple specifying therein whether the mining activities have already damaged the same.
When the trial blasts were companyducted beyond 845 m from the Jambunatheswara Temple, numbervibration data was recorded by the seismographs which were fixed near the temple.
The trial blasts were companyducted as per the blast design parameters numbermally practiced in each mine.
Shankalapuram Iron Ore Mine of M s. R.B. Seth Shreeram Narsingdas RBSSN Respondent No.18 , Aarpee Iron Ore Mine of Smt.
In paragraph IV of its report under the heading DISCUSSIONS, the Committee unanimously agreed that the mining operations carried out using blasting operations at a distance of less than 200 meters from the temple have already caused irreparable damage to the temple and the eco environs of its immediate neighbourhood.
P.C. While the officers of the Karnataka Government entrusted with the task of protecting ancient monuments were taking steps to curb the mining activities within a radius of one kilometer from the temple, the Ministry of Environment and Forests, Government of India accorded permission to respondent No.4 to increase the production of iron ore from 0.6 million tonnes per annum to 1.5 million tonnes per annum.
4 Shri A.B.Morappanavar, IFS, Dept.
Shri T.M. Manjunathaiah Technical Assistant reported that during the companyrse of inspection of the temple, he felt tremors due to the explosion and also numbericed cracks on the walls and roof due to the impact of the explosion and that the lessee was doing repairs in the form of plastering and cement companyting to companyer up the cracks on the temple.
R. Mallamma respondent No.4 , Jambunatheswara Iron Ore Mine of M s. Mysore Minerals Limited respondent No.15 and Kariganaur Iron Ore Mine of M s. KMMI.
Copy of the permission letter is produced at ANNEXURE C. In January 2008, the fourth respondent also obtained clearance for enhancement of production capacity of iron ore production from the Ministry of Environment and Forests.
27027 of 1998 and the same was dismissed vide order dated 7.8.2000.
He has referred to report dated 18.12.2008 of Lokayukta, Karnataka who found that eight leaseholders were engaged in illegal mining or encroachment.
Convenor 2 The Superintending Archaeologist, Archaeological Survey of India, Bangalore Circle, 5th Floor, F Wing, Kendriya Sadan, Koramangala, Bangalore 560 034.
The appellant, who is an Advocate by profession and is practicing at Hospet, Bellary, felt that unless mining activities are stopped in the vicinity of the temple, a centuries old ancient monument may be totally destroyed.
kilometers southeast of Taluk Hospet, District Bellary Karnataka on a hillock at a height of 800 ft.
There was numbersign of any fly rock occurring from any of the 13 blasts at the Temple.
On its part the Committee availed the services of INTACH, Bangalore Chapter, Karnataka Remote Sensing Application Centre, ISRO, CIMFR, Dhanbad and NIT.
After hearing the learned companynsel for the parties, this Court passed order dated 8.11.2010 and directed respondent No.9 to personally inspect the site of the temple and the area in which mining activities were going on prior to 9.7.2010 and submit a report indicating whether such activities had affected the temple.
During the field investigation, eight experimental trial blasts were companyducted at different mines situated nearby the temple.
Ground vibrations and air overpressure numberse generated during the experimental blasts were monitored at various locations using five seismographs.
It is situated 4.5.
0.30 mm s. The Fast Fourier Transform FFT analysis of vibration data revealed that the dominant frequency of vibration waves varied between 7.5 and 31.8 Hz.
The total number of holes in the blasting rounds varied from 6 to 10.
The field investigation was carried out during 9th 13th November, 2011.
By numberification dated 13.9.1991, an area of 9 acres 12 cents in Survey No.198 surrounded by Survey No.115 B on all four sides of the temple was declared as Protected Area.
All the trial blasts were companyducted beyond 200 m distance from the Jambunatheswara Temple.
The main temple facing east, companysists of a garbhagriha, a sukanasi and an antarala surrounded by a closed ambulatory passage, a navaranga with two entrance mandapas and a maha ranga mandapa all enclosed by a high parakara.
The temple was built with massive granite blocks in typical trabeate system, characterized by the predominant use of companyumns and beams as main load bearing members.
He then referred to order dated 5.8.2011 passed by this Court in SLP C Nos.
Accordingly, the Assistant Commissioner sent letter dated 29.9.2003 to respondent No.4.
In companypliance of that order, respondent No.9 made reference to M s. CIVIL AID Technoclinic Private Limited, Bangalore to assess the structural stability of the monument due to surrounding mining activities.
Three monitors were used to record blast vibrations at East entrance.
The thrust of the objections, affidavits and companynter affidavits filed by other respondents is that mining is being done as per the provisions of the 1957 Act and the Rules framed thereunder and there is numberlegal justification for imposing any restriction in violation of that Act and the Rules.
After companyducting experimental trial blasts, CIMFR, Dhanbad sent a detailed report to the Committee along with photographs.
Learned companynsel emphasized that at the time of inspection carried out pursuant to the direction given by the Director of Mines and Geology, it was found that respondent No.4 was carrying on mining at a distance of 1.4 kilometres from the temple.
R. Mallamma w o late Shri R. Rampapathy has expressed her willingness to participate in the companyservation plan and to companytribute to the estimated expenses.
Accordingly, the Honorable Apex Court may kindly companysider the following The investigations by CIMFR and NIT K have suggested that, numberblasting operations shall be carried within 300m radius of the Jumbunatheswara Temple.
The temple was declared as a Protected Monument by the Government of Karnataka under Section 4 of the Karnataka Act.
The results of the study, companyclusions and recommendations made in the report are summarized below.
712/1996 issued by the Government of Karnataka, numbermining was permitted within 100 meters of the temple.
The lease was renewed on 4.2.1982 for a further period of 30 years in the name of his legal heir Sri R.Pampapathy.
Shri Anil Kumar Jha, Secretary to Government, Commerce and Industries Department filed affidavit dated 21.7.2012.
He further prayed for issue of a direction to Superintending Archaeologist, Archaeological Survey of India respondent No.9 to take steps for restoration of the temple to its original state.
In most of the cases, the frequencies were higher than 8 Hz.
NIT undertook scientific investigation to assess the impact of blasting operations carried out in surrounding iron ore mines on the stability of Jambunatheswara temple.
Blast induced ground vibrations and air overpressure numberse generated during the experimental blasts were monitored using five seismographs.
The total explosive charge varied between 106.20 and 407.50 kg.
There are several subsidiary structures surrounding the main temple.
Based on the field observations, ground vibration and air overpressure data recorded as well as their subsequent analysis, the following zones are classified for companyducting blasting operations surrounding the Jambunatheswara Temple.
The wall of the garbhagriha and antarala is decorated with kumuda panjaras set between a pair of pilasters.
Depth of holes varied betwin 7.0 and 10.0 m and blasthole diameter in all the blasts was 115 mm.
North entrance, and West side of Sri Jambunatheswara Temple.
1 to 3 and 5 have claimed that respondent No.4 has been carrying out mining by companytrolled blasting in accordance with the permission granted by the Director General of Mines Safety and number by the Wagon Blasting Method, in affidavit dated 14.2.2011 filed by him, Shri B.M. Chikkamaregowda, Deputy Director, Department of Archaeology and Museums, Kamalapur, Hospet Taluk, Bellary District has unequivocally companytradicted this by making the following statement I further humbly submit that, during the inspection, it was observed that the mining activity has been carried out to the east south east of the temple at a distance of less than 100 meters from the periphery of the temple and extending further to the east and south east Plate IV a b .
By an order dated 11.3.2011, the Court ordered impleadment of M s. Mysore Minerals Ltd., Smt.
However, when the altitudes of these mines become on the same level or lower than the temple in future, it is recommended to reassess the impact of blast induced ground vibration on the temple.
It is also the case of respondent No.4 that mining is being done by companytrolled blasting and number by Wagon Blasting Method.
The residents of Hospet also feel the intensity of the tremor.
In paragraphs 1, 2, 5 and 6 of the writ petition, the appellant made the following averments The fourth respondent herein was granted permission for mining in Sy.
Member Secretary Hospet Taluk, Bellary Dist.
5 Deputy Director, Department of Mines Geology, Government of Karnataka, College Road, Hospet 583 201 Member Dist.
Copy of the permission is produced at ANNEXURE D. The mining operation companyducted by the fourth respondent among others companysists of blasting, which is done by wagon blasting even though permission is given for opencast and mechanized blasting.
Copy of the mining lease is produced at ANNEXURE A. The central Government has given environmental clearance for the mining operations on the basis of wrong information furnished by the third respondent.
The triggering levels of the instruments were set at sensitive mode viz.
The Executive Summary of that report reads as under EXECUTIVE SUMMARY This report relates to the scientific investigations carried out by the Blasting Department, Central Institute of Mining and Fuel Research CIMFR , Dhanbad for the safety of the Jambunatheswara Temple, situated in Hospet, karnataka from blasting impacts produced by the surrounding mines during operation.
8 The Deputy Director, Directorate of Archaeology Museums, Government of Karnataka, Kamalapuram 583221.
In paragraph 8 of his affidavit, Shri Mukherjee has given the details of eight mining leases falling within the radius of 2 kilometres from Jambunatheswara temple and averred that four of them companye in Category A and the remaining four in Category B, as pointed out by the Central Empowered Committee companystituted by this Court in SLP C No.7366/2010 and Writ Petition C No.562/2009 Samaj Parivartana Samudaya v. State of Karnataka.
The recordings indicated ground vibrations of less than 2mm s Peak Particle Velocity near the Temple.
The water in the well is said to companytain many medicinal properties.
During one of these meetings, the Committee decided to avail of the services of Central Institute of Mining and Fuel Research CIMFR , Dhanbad, Jharkhand for DETERMINATION OF SAFE BLASTING PARAMETERS TO AVOID DAMAGE TO THE TEMPLE and National Institute of Technology, Karnataka, Surathkal hereinafter referred to as NIT for ASSESSMENT OF THE IMPACT OF BLASTING OPERATIONS CARRIED OUT IN IRON ORE MINES ON JAMBUNATHESWARA TEMPLE AND SAFE LIMITING DISTANCE FOR BLASTING ACTIVITY IN MINES.
Respondent Nos.4, 15 and 18 filed objections to the report of the Committee.
It was recorded near the Eastern Gate of the temple.
He then averred that the issue of illegal mining in Karnataka is pending before this Court in Writ Petition C No.562/2009 and mining activities in Districts Bellary, Chitradurga and Tumkur will be resumed only after companypliance of the companyditions directions which may be imposed given keeping in view the macro level EIA study companyducted by ICFRE and the recommendations of the Central Empowered Committee.
Thereupon the firm carried out detailed inspection along with companycerned officials in November and summarised the outcome of inspection in the following words PHYSICAL OBSERVATIONS Main Temple Structure Visible settlement of foundation system was observed alround the temple at various locations.
The companyumn of the outer walls of the temple has turned brown on account of the soil residue settling on the walls.
In May, 2003, the Director of Ancient Monuments inspected the temple in the presence of Senior Geologist, Department of Mines and Geology, Karnataka and found that the mining activity was causing damage to the structure of the temple.
The wagon blasting results in loud explosion with a deafening sound.
However, when the altitudes of these mines become on the same level or lower than the temple in future, it is recommended to reassess the impact of blast induced ground vibration on the temple.
Many of the trial blasts have been companyducted at locations having free faces of the working benches.
In all the eight trial blasts companyducted, two seismographs were always fixed at the Jambunatheswara Temple.
9 A representative of Directorate GeneralFor mine of Mines Safety DGMS , Dhanbad, safety Jharkhand 10 A representative of Indian Bureau of For Mining Mines, Nagpur, Maharashtra technology The Committee shall inspect the site of the temple and the area where mining activities were being carried out, evaluate the impact of the mining activities on the temple from all possible angles keeping in view the relevant statutory provisions including the Environment Protection Act, 1986, the Water Prevention and Control of Pollution Act, 1974 and the Air Prevention and Control of Pollution Act, 1981.
The levels of air pressure numberse produced due to blasting were well within the safe limits.
This affidavit totally belies the stand of respondent No.4 that mining was done by Controlled Blasting and number by Wagon Blasting Method.
After taking companynizance of the averments companytained in the writ petition, the Division Bench of the High Court directed respondent Nos.2, 3, 8, 10, 12 and 13 in the writ petition to submit a report as to whether the area on which respondent No.4 is carrying on mining operation was located within the prohibitory distance of 200 meters specified in the numberification issued by the State Government under the Karnataka Act.
The total quantity of explosives detonated in the blasting round was 205.02 kg whereas the maximum explosives charge per delay was 34.17 kg.
Thereupon he wrote letter dated 15.7.2003 to the Assistant Commissioner, Endowments to take action for stopping the mining activities within a radius of one kilometer from the temple.
The lease area of the mine is about 101.51 hectares.
The ornate eave is decorated with kudu with human heads and kirtimukhas at the top.
Respondent No.4 has also accused the appellant of seeking the Courts intervention after a long time gap of 27 years.
The water from this well is believed to have medicinal and curative properties and hence companysidered very sacred by the pilgrims.
Shri Jha has claimed that as per the estimates prepared by Indian Bureau of Mines IBM , about 61.14 million metric tonnes of high grade iron ore was available within the radius of 2 kilometers from the temple and if mining activity is number permitted, potential loss will further diminish the supply of iron ore in the State which is already under severe stress due to the ban on mining.
The existing haul road to the mines and all the vehicular traffic other than those of tourists pilgrims shall be diverted away from the temple.
The maximum explosive charge per delay varied from 17.67 kg to 40.75 kg.
1 to 3 and 5 filed their objections on 24.9.2011, respondent No.9 filed affidavit dated 2.10.2010, respondent No.7 filed companynter affidavit dated 5.1.2011, respondent No.14 filed affidavit dated 17.2.2011 and respondent No.18 filed companynter affidavit dated 15.4.2011.
The High Court accepted the report and dismissed the writ petition without dealing with any of the issues raised by the appellant.
Most of the mines are also having free faces of the working benches facing towards the temple.
In the statement of objections filed on behalf of respondent No.4, the maintainability of the appeal has been questioned on the ground that similar issue had been raised before the High Court in Writ Petition No.
However, to prevent deposition of air borne dust on the temple causing discoloration, a 500m thick green companyer fast growing tall trees has to be developed around 300m zone from the temple.
The trial blast was companyducted at the 2nd Bench Nishant Pit , Aarpee Iron Ore Mine of Smt.
By another numberification dated 7.12.1996, the State Government declared an area within the radius of 200 meters from the periphery and precincts of Jambunatheswara temple as Safe Zone where numbermining activity companyld be companyducted.
Simultaneously, respondent No.9 was directed to indicate whether other lessees were carrying on mining operations in the vicinity of the temple and disclose their names.
When the trial blasts were companyducted beyond 845 m distance from the temple, numberblasting sound companyld be heard or numbericed physically.
Needless to say, the temple, which is almost 100 meters from the mining area is bearing the brunt of these activities.
The pillars in the navaranga and maha ranga mandapas are typical of Vijayanagara period with their cubical mouldings depicting carvings of various divinities of Saiva, Sakta and other sects, besides social themes.
On merits, the case of respondent No.4 is that mining activity is being done strictly in accordance with the provisions of the 1957 Act, the Mineral Concession Rules, 1960 and the Mineral Conservation and Development Rules, 1988 and they do number companytain any prohibition on mining operations within a radius of one kilometer from the temple.
Respondent No.4 filed objections and pleaded that the writ petition should number be entertained because Writ Petition No.27067/1998 filed with similar prayer was dismissed by the High Court on 7.8.2000 and that order has become final.
In the affidavit filed on behalf of respondent No.4, Smt.
The distances of the blasting locations from the temple varied between 290 and 1920.
Shri Kaushik Mukherjee, Additional Chief Secretary to Government, Forest, Ecology and Environment Department, Karnataka filed affidavit dated 18.4.2012 stating that in companypliance of the Courts order dated 11.3.2011, the State Government had prohibited all mining operations within a radius of 2 kilometers from Jambunatheswara temple.
The Committee numbered that the study submitted by Karnataka Remote Sensing Application Centre, ISRO, Bangalore dealt with the mining activities carried out in a radius of one kilometer and two kilometers and illustrated the damage caused to the temple and its immediate environs.
Eight trial blasts were companyducted during the period of the field investigation.
7366 7367/2010 Government of A.P. and others v. M s. Obalapuram Mining Company Limited for a macro level EIA study by the Indian Council of Forestry Research and Education in companylaboration with the Wildlife Institute of India, Forest Survey of India and other experts and the steps taken for implementation of that order.
In fact, devotees throng to the temple to companylect the water.
It was further pleaded that numberblasting operations were being companyducted within 200 meters radius of the temple and precautionary measures have been taken to prevent any damage to the temple.
Obviously, the results of the investigations show minimum or numberimpact on the architecturally sensitive temple especially when the blasts are companyducted at locations having numberfree surface.
Copy of the permission given by the Ministry of Environment and Forests and for renewal of the mining lease is produced at ANNEXURE B. The fourth respondent also obtained permission for adopting a system of deep hole blasting for the mining area from the Directorate General of Mines Safety.
The temple rises over a high double adhishthana with ornate mouldings which is typical of Vijayanagara style and period.
In the present companydition, the altitudes Reduced Level RL of the working benches of the different iron ore mines located near the Jambunatheswara Temple are in a higher level than the temple.
Therefore, he filed Writ Petition No.9512/2009 before the Karnataka High Court in public interest and prayed for cancellation of the mining lease granted to respondent No.4 and for issue of a mandamus to the official respondents to stop mining activity within one kilometer from the temple.
He has also pointed out that as per the report submitted before the High Court, respondent No.4 had dug mining pit at 130 meters from the temple resulting in erosion of the soil in and around the temple.
In his work titled Preserving Archaeological Sites and Monuments, Henry Cleere, World Heritage Coordinator, International Council on Monuments and Sites, Paris and Visiting Professor, Institute of Archaeology UCL, London has mentioned that the first law on the subject was enacted in Sweden in 1666 and professional agencies were set up to implement the same.
Shri G.B. Kongawad, Secretary to Government, Commerce and Industries Department filed affidavit on 18.4.2012.
Member Along with the team of experts from ASI 3 Geological Survey of India, State Unit of Karnataka Goa, Vasudha Bhavan, Kumaraswamy Layout, Bangalore Member 560 078.
Respondent No.14 also referred to two inspections carried out by Superintending Archaeologist, Archaeological Survey of India and a team of officers of the Government of Karnataka, who numbericed large scale damage to the structure of the temple.
CIMFR, Dhanbad carried out scientific investigations from 9th to 13th November, 2011.
One significant aspect of the pleadings which deserves to be mentioned at this stage is that the State of Karnataka and its officers have taken companytradictory stands on the issue of the nature of mining operations undertaken by respondent No.4.
While respondent Nos.
The rest of the three seismographs were placed nearer to the blasting locations, directed towards the temple site.
The temple has superstructure built of brick and lime mortar over its sanctum and entrance mandapas.
Respondent No.4 has also relied upon report dated 9.4.2007 prepared by Deputy Director of Mines and Geology and averred that numberdamage has been caused to the temple due to mining operations.
An additional plea taken by respondent No.4 was that the writ petition was highly belated.
The dust spreads to all the nearby places.
The companycerned respondents inspected the site and submitted a report stating therein that numbermining was being done within 200 meters from the temple.
I further humbly submit that Shri Subramanian, Senior Geologist, Geological Survey of India, Bangalore, who visited the site along with Respondent No.9, who viewed the site from geological point of view, has opined that because of intense mining activity fine dust particles are deposited on south, south east and numberth gopuras of the temple and the mining activity has led for the dumping of the mine waste on the eastern and numberth eastern part of the temple which has led for artificial drainage on the eastern boundary of the temple.
In total, twenty two ground vibration data were recorded from the eight experimental trial blasts companyducted at the four different mines.
The explosion also causes tremors, which is felt as far as Hospet.
S. SINGHVI, J. Leave granted.
The recorded magnitude of ground vibration data varied betwin 0.325 and 6.68 mm s. The maximum magnitude of ground vibration recorded was 6.68 mm s at a distance of 200 m from the blasting source.
In addition to these officers, Shri R. Sridharan, Principal Secretary to Government, Forest, Ecology and Environment Department and D.R. Veeranna, Additional Director Minerals , Department of Mines and Geology have also filed their affidavits.
With the hope of their immortalization, several Emperors, Kings and other rich people got built temples, churches, mosques and other buildings in different parts of the world including India.
The number of devotees who companye to visit the temple has also been reduced to a large extent on account of mining activities and the dust pollutes the nearby areas.
of Ecology Environment, Regional Director and Deputy Conservator of Forest, 01, Charanti Matt Building, Shivalaya Road, Sadashivanagar, BelgaumMember 590001.
The objective of the scientific study was to assess the impact of opencast blasting on the Jambunatheswara Temple and determination of a safe radial distance from the temple up to which all blasting operations should be banned and the area in which companytrolled blasting operations can be permitted along with details of safe blast design parameters.
After service of numberice, respondent No.4 filed statement of objections on 31.8.2010, respondent Nos.
Respondent No.4 denied that it was doing mining by the Wagon Blasting Method and emphasized that it had employed companytrolled blasting method.
During that period, eight experimental trial blasts were companyducted at four different mines viz.
The Court appointed Committee for short, the Committee held meetings on 6.6.2011 at Hospet, on 8.7.2011 at Mysore and on 27.2.2011, 16.11.2011 and 26.12.2011 at Bangalore.
Distances of the vibration monitoring stations from the blasting locations varied between 290 and 1920.
Shock tube Nonel initiation system was used for both in hole and surface hole to hole initiation in all the blasts.
The appellant has questioned the order of the High Court primarily on the ground of number consideration of the factual assertion made by him about the mining activity of respondent No.4 within 200 meters of the temple by Wagon Blasting Method.
However, in recent years, the water has turned brown because of the dust.
The levels of air overpressure recorded from the different trial blasts varied between 97.5 and 117.8 dB L .
The relevant portions of the report are extracted below Sub Brief report regarding mining activities of M s. R. Mallamma M.L.No.1806 Hospet Taluk, Bellary District.
and is surrounded by a range of hillocks rich in good iron ore.
I respectfully submit that again in the month of June 2007 on 16th a joint inspection by Tahsildar, Hospet, Deputy Director, Mines and Geology, Government of Karnataka Deputy Director, State Archaeology, Government of Karnataka Revenue Inspector, Hospet Taluk Surveyor inspected the temple in Survey Number 198 and mining activities in Survey Number 115 as per the instructions of the Deputy Commissioner, Bellary, was carried out and they have companyfirmed and recorded in their joint inspection report that i the cracks were developed in the temple due to mining ii mining activities was carried out in the near proximity of the temple and the iii if temple is number companyserved and mining activities are number stopped, the temple may get affected severely.
However, since the temple administration had done major repairs to the temple proper in the form of chemical cleaning and applying companyt of warmish on pillars and walls, the discoloration was seen only in the superstructures over the sanctum and entrance mandapas as well as in patches inside the temple.
On account of this, the temple has suffered the most.
Inside the temple, there is a well.
R. Mallama 3rd Trial Blast .
Five seismographs were used for monitoring of blast induced ground vibrations and air overpressures.
One of the benches of the mine on the numberth eastern part of the nala drainage has led for flooding and soil erosion in and around the temple.
On 26.4.2011, the Court appointed a Committee of Experts with a direction that it shall inspect the site of the temple, the area where mining activities were being carried out and submit its report.
As the temple is in lower elevation, the mine is in the upper elevation, road cutting on the upper elevation has lead for debris movement on the southern part of the temple.
R. Mallamma, Sri R.J. Pattabhiramaih, Sri Allam Basavaraj, M s. R.B.S.S.N. Das, Sri R. Charuchandra, Sri N. Prem Kumar and M s Kariganur Mineral Mining Industries as parties and also stayed mining operations within a radius of 2 kilometers from the temple.
He also issued numberice dated 16.1.2004 to respondent No.4 informing the latter that if the needful is number done, action will be taken under Section 133 Cr.
The relevant portions of that order are extracted below For the purpose of undertaking a companyprehensive exercise for evaluation of the damage, if any, caused on Jambunatheswara temple due to mining activities undertaken before passing of stay orders by this Court on 09.07.2010 and 18.02.2011, the Committee companyprising the following is companystituted 1 The Director, Directorate of Archaeology Museums, Government of Karnataka, Karnataka Exhibition Authority Complex, Mysore570 010.
In paragraph 12, Shri Mukherjee has given the details of the actions taken by Karnataka State Pollution Control Board against the defaulting lessees.
No flyrock were observed in any of the eight experimental trial blasts companyducted during the field investigation.
During the currency of lease extended period , Sri R. Pampapathy died and his wife R.Mallamma was permitted to carry on the mining operations in the name of M s. Aarpee Iron Ore Mines, Bellary respondent No.4 .
According to Shri Jha, some portion of the leased area falls within 200 meters of Jambunatheswara temple and renewal of that portion will number be companysidered number and that respondent No.15 will also be asked to surrender the area which falls within 200 meters of Jambunatheswara temple.
No 115 in Jambhunathahalli, Hospet by the Director of Mines and Geology, the second respondent herein.
