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2012 Supreme(SC) 313
Supreme Court of India
S.H. KAPADIA, CJI., AFTAB ALAM & SWATANTER KUMAR, JJ.
State of Andhra Pradesh & Others
Versus
Obulapuram Mining Company Private Limited & Others
SLPs(C).Nos. 7366-67 of 2010 with W.P.(C).No. 562 of 2009
Decided On : 20-04-2012
Mining resumption in specific categories is permitted provided it excludes unbroken forest areas and statutory clearances are revisited. Additionally, iron ore from cancelled stockyards may be sold via e-auction, with lawful proceeds reimbursed to the stockyards.
Headnote:(A) Environmental and Mining Law - Reclamation and Rehabilitation - Mining leases - Recommendations for the resumption of mining in certain categories are accepted provided that individual reclamation and rehabilitation reports for each mining lease specify unbroken forest areas - Mining resumed in such cases shall not extend to unbroken forest areas - Statutory clearances previously granted are to be revisited in light of the reclamation and rehabilitation plan.
(B) Sale of Minerals - E-auction - Sale of iron ore lying at cancelled stockyards is permitted through e-auction - Sale proceeds from mines or stockyards not found to be involved in any illegality shall be reimbursed to the respective stockyards.
Facts of the case:
This matter involves the implementation of recommendations regarding the resumption of mining activities in specific lease categories and the disposal of minerals stored at cancelled stockyards, with a focus on ensuring environmental restoration and forest protection.
Findings of Court:
The court accepted the recommendations for mining resumption subject to the strict exclusion of unbroken forest areas and the revisiting of statutory clearances. It further permitted the sale of iron ore through e-auction, ensuring that onlylawful proceeds are reimbursed to the stockyards.
Issues: Whether mining activities in specific categories could be resumed while protecting unbroken forest areas and whether the sale of iron ore at cancelled stockyards could be permitted through e-auction.
Ratio Decidendi: The court held that mining resumption must be conditional upon the identification and protection of unbroken forest areas and that statutory clearances must be aligned with updated reclamation plans. Regarding the sale of minerals, only those proceeds not linked to illegalities are eligible for reimbursement.
Result: Recommendations accepted; sale of iron ore permitted; interlocutory applications dismissed.
Legal Category Hierarchy
-
environmental law
-
forest conservation
-
mining in forest areas
- reclamation and rehabilitation
- unbroken forest areas
- statutory clearances
-
mining in forest areas
-
forest conservation
-
property law
-
sale of iron ore
- e-auction
- reimbursement of proceeds
-
sale of iron ore
-
practice and procedure
- interlocutory applications
Judgment :
In continuation of our order dated 13-4-2012 (State of A.P. V. Obulapuram Mining Co. (P) Ltd., (2013) 8 SCC 213), as far as Category ‘A’ is concerned, the recommendations made by the Central Empowered Committee. In Para 14 of its Report dated 18-4-2012, is accepted with a specific clarification that individual reclamation and rehabilitation report for each mining lease(s) would specify unbroken forest area. Mining which is to be resumed in appropriate cases falling in Category ‘A’, however, shall not extend to unbroken forest areas. Further, we direct the Ministry of Environment and Forests to revisit the statutory clearances earlier granted by it in the light of reclamation and rehabilitation plan.
Sale of iron ore lying at various cancelled stockyards is permitted through e-auction by the Monitoring Committee with the condition that the sale proceeds (sic from sale of iron ore from mines/stockyards) not found to be involved in any illegality will be reimbursed to the respective stockyards.
The Report of the Central Empowered Committee dated 13-3-2012, is accepted in respect of ML No. 2581 of M/s. SMIORE.
The learned counsel appearing in IAs.Nos. 47 and 48 submits that these interlocutory applications be dismissed as not pressed. We order accordingly.
