Supreme Court Directs Review of Iron Ore Mines in Karnataka Public Interest Litigation (PIL) including mines for which rehabilitation and reclamation (R&R) plans have not been submitted or approved.
In a recent Public Interest Litigation (PIL) concerning iron ore mining in Karnataka, the Supreme Court instructed the Principal Chief Conservator of Forests in Karnataka to conduct a comprehensive examination and survey of Category A/B/C mines in Bellary, Chitradurga, and Tumkur. This includes mines for which rehabilitation and reclamation (R&R) plans have not been submitted or approved.
Justices Sanjiv Khanna, MM Sundresh, and Bela M Trivedi demanded a detailed report from the Principal Chief Conservator of Forests (PCCF) in Karnataka. They further stated, “The R&R Plans should be implemented and executed either by KMERC (Karnataka Mining and Environment Restoration Corporation) or, if deemed more suitable, by any other agency.” The costs for these plans will be recovered from the former leaseholders of the respective mines.
Additionally, the Court tasked the Centrally Empowered Committee (CEC), in conjunction with the Monitoring Committee and the Oversight Authority, to conduct a thorough assessment in the three districts and submit a report within four months. The Court specified that during this assessment, they should consider the parameters outlined in a report dated 13.03.2012. The CEC is authorized to seek assistance from scientific experts to analyze environmental pollution data in the districts.
The CEC should also evaluate whether there is a need to impose a mining cap in specific areas. Alongside the Monitoring Committee and Oversight Authority, the CEC will consider the potential implementation of systems like e-auctioning for the sale of mined materials. Additionally, the potential use of satellite mapping for each mine will be assessed.
Background of the Case
The petitioner, Samaj Parivartana Samudhaya, approached the Court due to concerns about illegal mining activities in Bellary, Chitradurga, and Tumkur districts of Karnataka and the resulting environmental damage. In response to this, the Supreme Court had temporarily halted mining in these districts on 29.07.2011 and 26.08.2011, based on a CEC report.
In March 2012, following a CEC report, guidelines for the implementation of R&R Plans were established as a prerequisite for the resumption of mining in these districts.
Based on reports from the Indian Council of Forest Research and Education (ICFRE) and the CEC, the Supreme Court relaxed restrictions on 13.04.2012 but set a production limit of 25 Million Metric Tonnes (MMT) for Bellary and 5 MMT for Chitradurga and Tumkur combined.
In 2017, the Court, after considering applications to lift the production cap, increased the limits to 28 MMT for Bellary and 7 MMT for the other two districts based on CEC recommendations.
In August 2022, a Bench comprising CJI NV Ramana and Justices Hima Kohli and CT Ravikumar further raised the limit to 35 MMT for Bellary and 15 MMT for Chitradurga and Tumkur combined. These limits applied only to Categories A & B, as Category C mine licenses were revoked and put up for e-auction.
In the same year, the Supreme Court lifted the restrictions on the sale of iron ore in Karnataka imposed in 2011 and permitted exports, subject to the conditions set by the Government of India. This order allowed mine operators to sell the already extracted iron ore directly without e-auction.
The classification of the mines was based on the extent of encroachment as outlined in a CEC report. Category A denotes mines with minimal or no illegal activity, while Category C indicates mines in significant violation of regulations.
Case Details:
Title: SAMAJ PARIVARTANA SAMUDAYA AND ORS. v. STATE OF KARNATAKA AND ORS
W.P.(C) No. 562/2009
Citation : 2024 The Courtroom (SC) 268
Click here to read the order
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