Case Note & Summary
The writ petitions under Article 32 of the Constitution were filed by Common Cause and Prafulla Samantra, alleging rampant illegal mining in the Keonjhar, Sundergarh, and Mayurbhanj districts of Odisha. The petitioners contended that lessees were conducting iron ore and manganese ore mining without mandatory environmental and forest clearances, causing severe environmental degradation and adversely affecting tribal communities. The Central Empowered Committee (CEC), previously appointed by the Court in the T.N. Godavarman case, was directed to investigate. The CEC submitted interim and final reports highlighting violations and recommending measures such as requiring environmental clearance, consent to operate, approved mining plan, and net present value (NPV) deposits for mining in forest and non-forest land, including deemed forest areas (DLC). The Court had earlier made some of these recommendations binding for mining operations in Orissa and Goa. The reports also noted that substantial forest areas had been included in leases without necessary approvals under the Forest (Conservation) Act, 1980. The petitioners sought a writ of mandamus to immediately stop illegal mining, terminate non-compliant leases, direct an investigation by an SIT or CBI into collusion between private companies and public officials, and recover illegally accumulated wealth under Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957. During the proceedings, the Court directed the CEC to prepare a list of lessees operating without requisite clearances for the purpose of passing an interim order. The Court also rejected a preliminary objection to the maintainability of the writ petition. While the final outcome is not detailed in the present excerpt, the Court passed an interim order on 16 May 2014 based on the CEC's final report, the substance of which was to identify defaulting lessees in the affected districts. The case underscores the judicial oversight exercised over illegal mining and enforcement of environmental law compliance, with the Supreme Court utilizing the CEC as an expert body to gather facts and recommend interim measures.
Headnote
A) Environment Law - Mining Operations - Requisite Clearances - Mines and Minerals (Development and Regulation) Act, 1957; Forest (Conservation) Act, 1980; Environment (Protection) Act, 1986; Mineral Concession Rules, 1960, Rule 24-A(6) - The Central Empowered Committee recommended that mining operations should be permitted only if the lessee has environmental clearance, consent to operate from the State Pollution Control Board, approved mining plan, and NPV deposited in the Compensatory Afforestation Fund; mining in forest land additionally requires approval under the Forest (Conservation) Act/Temporary Working Permission; DLC forest areas require NPV deposit and mining in virgin DLC land requires FC Act permission; the Court had earlier made such conditions binding in Orissa and Goa. (Paras 4, 9) B) Interim Orders - Supreme Court - Writ Petition - Article 32 - While issuing notice on writ petition alleging illegal mining, the Court directed the CEC to prepare a list of lessees operating without clearances under the Environment (Protection) Act, 1986 and Forest (Conservation) Act, 1980, for consideration of an interim order. (Para 9) C) Criminal/Civil Liability - Mines and Minerals (Development and Regulation) Act, 1957, Sections 21(1), 21(5) - The petitioners sought recovery of illegally accumulated wealth and launch of prosecutions under Section 21 of the MMDR Act, 1957 for violation of mining laws. (Para 8 prayer (e))
Issue of Consideration
Whether mining lessees in Odisha were operating without statutory clearances under the Forest (Conservation) Act, 1980 and Environment (Protection) Act, 1986, and if so, whether interim orders should be passed to stop illegal mining and if investigation should be directed
Final Decision
Decision not clearly stated
Law Points
- Legal points not extracted
- Mining operations require environmental clearance
- forest clearance
- consent to operate
- approved mining plan
- and NPV deposit
- illegal mining liable for prosecution under MMDR Act
- Section 21
- Court may suo motu or on petition direct investigation and interim measures to prevent environmental damage
