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SUPREME COURT OF INDIA
S.H. KAPADIA, CJI., AFTAB ALAM, SWATANTER KUMAR, JJ.
Government of Andhra Pradesh and others - Petitioner
Versus
Obulapuram Mining Company Private Limited and others - Respondent
SLPs (C) Nos. 7366-67 of 2010 with Nos. 32690-91 of 2010, etc.
Decided on : 29-07-2011
ORDER :
S.H. Kapadia, CJI., Aftab Alam and Swatanter Kumar, JJ.
In continuation of our earlier orders dated 29-4-2011, Govt. of A.P. v. Odulapuram Mining Co. Ltd., 2011 (12) SCC 495 and 6-5-2011, Govt. of A.P. v. Odulapuram Mining Co. Ltd., 2011 (12) SCC 493 we are of the view that mining operations and transportation in an area and measuring approximately 10,868 ha in Bellary District be immediately suspended till further orders.
2. We are satisfied that, on account of overexploitation, considerable damage has been done to the environment. We are taking a holistic view of the matter. We have suspended these operations keeping in mind the precautionary principle, which is the essence of Article 21 of the Constitution. (See M.C. Mehta v. Union of India, 2009 6 SCC 142)
3. The matter shall stand over for one week.
4. In the meantime, we direct the Ministry of Environment and Forests ("MoEF", for short) to submit an interim report indicating what is the requirement of steel industry in India as far as iron ore is concerned. Secondly, out of the total requirement of the steel industry in the country, how much is met by the Bellary mines. Lastly, how much of the quantity of iron ore is domestically required and internationally exported. MoEF will obtain this requisite information from the Ministries of Mines, Steel and Commerce.
5. The Secretary, MoEF, will immediately convene a meeting of the Secretaries of the Ministries concerned and furnish a report within a week. We further direct CEC to submit a report on environment impact assessment on account of mining in Tumkur and Chitradurga Districts within a period of three weeks.
6. The affidavits filed by the parties are taken on record.
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