Constitution of India, Article 32 – Environment protection – Mining – Writ petition praying for this Court’s intervention on grounds of the illegality of such mining activities and consequent harm caused to the environment – Catena of orders passed by this Court in depth and detail – Seven B-1 Category mining leases (listed below) lie between the States of Karnataka and Andhra Pradesh – They require demarcation on the ground – This Court’s order dated 28.09.2022, directing the Joint Team to prepare sketches of these seven mining leases, was deferred till the inter-state boundary was demarcated on the ground – Vide letter dated 09.01.2023, the State of Karnataka informed the CEC that inter-state boundaries between the states of Karnataka and Andhra Pradesh had been fixed on the ground – However, it is apparent that further work must be undertaken at the ground level by deploying the total station survey method along with the satellite images of the mining sites – Government of Andhra Pradesh and State of Karnataka named officers of their respective Joint Team to render support to the CEC in surveying the seven mining leases – The survey will be undertaken for one mining lease at a time – The report will be submitted with the joint signatures of the ‘Joint Team’ to the states of Karnataka and Andhra Pradesh – A copy thereof will be filed before this Court. The said exercise would be completed no later than six months from today – The CEC after receiving the survey/demarcation report will issue notice to the respective lessees and pass appropriate orders – This exercise will be undertaken even if the leases have expired in the due course of time – Orders passed by the CEC will be communicated to the parties, and a report will be filed before this Court within a period of seven months from today – The Monitoring Committee will also be associated with the aforesaid exercise undertaken by the CEC, post the submission of the survey/demarcation report(s) – The State of Karnataka will be empowered and entitled to participate in the proceedings before the CEC and raise all objections and contentions – Directed to Re-list all pending applications in W.P.(C) no. 562/2009 and 768/2013 on 03.04.2024.
(Para 4 to 12)
Constitution of India, Article 32 – Public Interest Litigation – Environment protection -Maximum Permissible Annual Production(MPAP) – MPAP and District-Level Production Ceiling – This Court had fixed a district-level production ceiling for all mining leases in the Districts – Bellary, Tumkur and Chitradurga – These caps were enhanced from time to time. The final enhancement of production ceilings was done vide order dated 26.08.2022 whereby a production ceiling of 35 MMT for Bellary District and 15 MMT for the Tumkar and Chitradurga Districts was specified – For the purpose of feasible annual production, the following factors would be kept in mind:-(a) mineral reserves in the lease area; (b) area available for overburden/waste dump(s) and sub grade dump(s); and (c) existing transport facilities vis-a-vis the traffic load of the mining lease and adjoining mining leases – CEC, together with the Monitoring Committee and aid and advice of the Oversight Authority, to undertake a complete exercise in the three districts, and the respective mining leases situated therein, and submit a report before this Court – While undertaking the said exercise, they shall keep in mind the parameters referred to in the report dated 13.03.2012 – The CEC will be entitled to take help and assistance of the scientific domain experts who will examine data, including environmental pollution data available/recorded in the districts from time to time -The question of whether satellite mappings/images should be undertaken with regard to each mine for the purpose of ascertaining the mining activities including the sale and disposal of the waste etc., will be examined by the CEC, the Monitoring Committee and the Oversight Authority – The CEC, the Monitoring Committee and the Oversight Authority will be entitled to examine any other aspect, which they feel is relevant for consideration of the issues and questions referred to them – In view of the directions given today, the application in I.A No. 225561 of 2023 shall await the report of the CEC- Accordingly, the application is not finally decided. (Para 17 to 32)
Constitution of India, Article 32 – Public Interest Litigation – Environment protection – Comprehensive Environment Plan for the Mining Impact Zone (CEPMIZ Plan) –Interlocutory application – Applications relate to mining activities being undertaken in Districts – Bellary, Chitradurga and Tumkur in Karnataka.- Whether a 10% levy imposed on the sale of the iron ore and transferred to the SPV for implementing the CEPMIZ, in terms of the judgment/order of this Court dated 13.04.2012, should be discontinued? – Contention that Rs.24,464 crores are available to the SPV, namely, KMERC, which is to prepare and implement the CEPMIZ to mitigate the environmental damage in the Mining Impact Zone in the three districts–Held that do not think, at this stage, it will be appropriate to withdraw the 10% levy imposed by this Court in terms of the order dated 13.04.2012, as the CEPMIZ Plan is still at the initial stage of execution – The proposed plan was provisionally approved by this Court only vide order dated 21.04.2022. Objections and suggestions have been invited and are pending consideration by the Oversight Authority – This apart, feel certain directions are required to be given for preparation of R&R Plans and execution thereof in respect of Category C leases, which were terminated/cancelled, but thereafter no progress has been made for submission of the plans or execution or implementation of R&R Plans – Certain directions issued. (Para 76 to 91)
SUPREME COURT OF INDIA
2024 STPL(Web) 215 SC
[2024 INSC 252]
Samaj Parivartana Samudaya & Ors. Vs. State Of Karnataka & Ors.
Writ Petition (Civil) No. 562 of 2009 WITH W.P.(C) No. 505 of 2020 AND W.P.(C) No. 768 of 2013-Decided on 14-03-2024
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