SUPREME COURT OF INDIA
SANJIV KHANNA, M.M. SUNDRESH, BELA M. TRIVEDI, JJ.
Samaj Parivartana Samudaya and Others – Petitioners
Versus
State of Karnataka and Others – Respondents
Writ Petition (Civil) No. 562 of 2009, W.P. (C) No. 505 of 2020, W.P. (C) No. 768 of 2013
Decided On : 14-03-2024
Constitution of India – Article 32 – Illegal mining activities and consequent harm caused to environment – It is appropriate to direct Principal Chief Conservator of Forests, State of Karnataka to undertake detailed scrutiny and survey of all Category C mines where data and R&R Plans have not been submitted and submit R&R Plans after conducting their scrutiny and survey – PCCF, Karnataka will be entitled to procure assistance from domain experts, specialized agencies or institutions – Cost incurred will be paid in interim from funds available with SPV – R&R Plans will be thereupon implemented and executed either through KMERC or if more appropriate, through any other agency, which may be nominated for this purpose after moving an application before this Court by CEC, Monitoring Committee and Oversight Authority – Sich directions will equally apply to other cases of Categories A and B mines, where R&R Plans have not been submitted or approved. (Paras 75 and 76)
Result : Applications dismissed.
ORDER :
1. The present applications relate to mining activities being undertaken in Districts-Bellary, Chitradurga and Tumkur in Karnataka.
2. In 2009, the petitioner-Samaj Parivartana Samudaya had filed a writ petition praying for this Court’s intervention on grounds of the illegality of such mining activities and consequent harm caused to the environment. This Court intervened and has passed several directions and orders.
3. To avoid prolixity, we will not be referring to the catena of orders passed by this Court in depth and detail. However, to appreciate the present applications, we have summarized the relevant developments below:
(i) The genesis of the Central Empowered Committee1 [For short “CEC”] goes back to this Court’s order dated 09.09.2002 in T.N. Godavarman Thirumalpad vs. Union of India and Others [See State of Andhra Pradesh vs. Obulapuram Mining Company (P) Ltd. 2011 (12) SCC 491] where the Court was concerned with the rampant pilferage and illegal extraction of natural resources, particularly iron ore, and the environmental degradation and disaster that may have resulted from unchecked intrusion into the forest areas.
(ii) The CEC was constituted to monitor the situation, implement this Courts’ orders, and delineate the steps to be taken.
(iii) On 19.11.2010, the CEC was directed by this Court to submit a report with respect to certain mining leases granted by the State of Karnataka in District-Bellary.
(iv) The initial reports of CEC indicated large-scale illegal mining being undertaken.
(v) On 06.05.2011, this Court constituted a ‘Joint Team’ to determine the boundaries of the specific mines since a large number of mining lessees were carrying out operations beyond the lease boundaries, thereby causing environmental degradation.
(vi) On 29.07.2011, this Court imposed a temporary ban on mining operations in District-Bellary.2
(vii) On 26.08.2011, this Court extended the temporary ban on mining operations to Districts-Chitradurga and Tumkur. [See Samaj Parivartana Samudaya vs. State of Karnataka, (2013) 8 SCC 209]
(viii) On 05.08.2011 and 26.08.2011, this Court directed the Indian Council of Forest Research and Education2 [For short “ICFRE”] to conduct a macro-level environmental impact assessment, in collaboration with domain experts to determine the extent of environmental degradation due to illegal mining.
(ix) On 14.08.2011, ICFRE submitted its report wherein it inter-alia recommended: (i) imposition of district-level production ceiling and (ii) preparation of Reclamation and Rehabilitation Plans3 [For short “R&R Plans”] for each mining lease which apart from prescribing actions for reclamation and rehabilitation works would also prescribe a Maximum Permissible Annual Production4 [For short “MPAP”] restricting the total quantity of iron ore that could be produced at the specific mining lease.
(x) Based on ICFRE report and CEC’s recommendations, this Court imposed differing production ceilings on mining leases in the three districts, which have been enhanced from time to time:
(a) vide order dated 13.04.2012, production ceiling of 25 Million Metric Tons5 [For short “MMT”] was fixed on mines in the Bellary District and 5 MMT in Tumkur and Chitradurga Districts.
(b) these caps were enhanced to 28 MMT for the Bellary District and 7 MMT for Tumkar and Chitradurga Districts vide order dated 14.12.2017.
(c) these caps were further enhanced to 35 MMT for Bellary District and 15 MMT for the Tumkar and Chitradurga Districts vide order dated 26.08.2022.
(xi) Vide report dated 03.02.2012, the CEC recommended the categorization of the mines into Categories A, B and C based on the severity of encroachment by the mines and overburden dumps, determined in terms of the percentage in relation to the total lease area. In such categorization, Category A mining leases bear no/marginal illegality and Category C mining leases stand in flagrant violation of laws.
(xii) To strike a balance between environmental protection and development, a central
State of Andhra Pradesh vs. Obulapuram Mining Company (P) Ltd. 2011 (12) SCC 491 [Para 3]
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