SAMAJ PARIVARTANA SAMUDAYA Vs STATE OF KARNATAKA .
Bench: AFTAB ALAM,K.S. RADHAKRISHNAN,SWATANTER KUMAR
Case number: W.P.(C) No.-000562-000562 / 2009
Diary number: 35856 / 2009
Advocates: PRASHANT BHUSHAN Vs
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
I.A. NO…………/2012
IN
W.P. (CIVIL) NO.562 OF 2009
SAMAJ PARIVARTANA SAMUDAYA & ORS. … PETITIONERS
Versus
STATE OF KARNATAKA & ORS. … RESPONDENTS
[REGARDING: CEC REPORT DATED 27.04.2012 AND CEC REGARDING R & R SCHEME]
WITH
I.A. NOS.68 OF 2012 AND 103 OF 2012 IN W.P. (CIVIL) NO.562 OF 2009
AND
[REPORT DATED 29TH AUGUST, 2012 OF THE CEC REGARDING IMPLEMENTATION OF THE R&R PLANS, RESUMPTION OF MINING OPERATIONS IN “CATEGORY- A” MINING LEASES AND ASSOCIATED ISSUES]
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O R D E R
Aftab Alam,J.
1. The Central Empowered Committee has submitted a report
dated August 29, 2012 regarding implementation of the R & R Plans,
resumption of mining operations in “Category A” mining leases and
issues incidental thereto.
2. Heard Mr. Shyam Divan, the learned Amicus Curiae,
Mr. Prashant Bhushan, appearing for the applicant in I.A. No.68 of
2012, Mr. Krishnan Venugopal appearing for M/s. R. Parveen
Chandra, Mr. C.U. Singh, learned senior counsel appearing for the
Association of Indian Mini Blast Furnaces and other learned counsel.
3. The recommendations made in the aforesaid report of the CEC
dated August 29, 2012 are accepted subject to any modification that
the Court may feel necessary to make later on.
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4. At Annexure R-1 to the report, there is a list of 16 “Category
A” mining leases in Bellary district and two in Chitradurga district in
respect of which the R & R Plans have been approved. One of the 18
“Category A” mines, namely, MEL (ML-2346) (103.81 ha) has all the
statutory sanctions, permissions and approvals in place and the rest of
the 17 mining leases, according to the CEC, are also likely to get all
the statutory sanctions, permissions and approvals within a few
months as indicated in the table at pages 15 and 16 of the report. It is
also stated in the report that the R & R Plan in respect of the 18
“Category A” mines has been duly approved and its implementation
on the ground has also commenced.
5. In light of the recommendation of the CEC, the ban imposed on
mining operations in all the mining leases (excepting two mining
leases of M/s. NMDC Ltd.) in the districts of Bellary, Tumkur and
Chitradurga by orders dated July 29 and August 26, 2011 is lifted in
respect of the 18 “Category A” mines as enumerated in Annexure R-1
to the report. Mining operations in those 18 “Category A” may
commence to the extent of the permissible annual production as
determined by the CEC and as indicated in the table at page Nos.15
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and 16 of the report. The commencement of the mining operations
shall be subject to:
(I) compliance with all the statutory requirements;
(II) the full satisfaction of the Monitoring Committee, expressed in
writing, that steps for implementation of the R & R Plan in the
leasehold area are proceeding effectively and meaningfully, and
(III) a written undertaking by the leaseholders that they would fully
abide by the Supplementary Environment Management Plan (SEMP)
as applicable to the leasehold area and shall also abide by the
Comprehensive Environment Plan for Mining Impact Zone
(CEPMIZ) that may be formulated later on and comply with any
liabilities, financial or otherwise, that may arise against them under
the CEPMIZ.
(IV) The CEC shall, upon inspection, submit a report to this Court
that any or all the stated 18 “Category A” mine owners have fully
satisfied the above-mentioned conditions. Further, it shall be reported
that the mining activity is being carried on strictly within the specified
parameters and without any violation.
Such report should be filed within one month of leave to
commence mining activity by the concerned leaseholder.
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6. It is made clear that no mining operation under any of the
mining leases shall take place unless all the statutory sanctions,
permissions and approvals are subsisting. In case, after the
resumption of mining operations in terms of this order any statutory
sanction, permission or approval is lapsed or is not renewed in time,
the mining operations would remain stopped until the required
statutory sanction, permission or approval is duly granted.
7. Similarly, in case the Monitoring Committee finds any
slackness in the implementation of the R & R Plan in leasehold area
under a mining lease, the Monitoring Committee shall apprise the
CEC in that regard and it would be open to the CEC to direct
suspension of the mining operations under the concerned mining lease
and to report the matter to this Court.
8. Among the 18 “Category A” mines, there are six mining leases
to which the general directions given above shall apply subject to
further conditions as indicated below.
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8(i). In the case of mining lease, namely, RBSSN (ML-2576) (31.56
ha), mining operations are stopped in terms of the orders passed by
this Court in Jambunathanahalli Temple Case. Further, in the case of
this mining lease, if the CEC wishes to re-examine whether it falls in
“Category A” or any other category, the directions given above in this
order shall apply in the case of this mining lease subject to its
retaining its position in “Category A” and further subject to any orders
passed by this Court in Jambunathanahalli Temple Case.
8(ii). In the case of three other mining leases, namely, Kariganur
Minerals (ML-2075/1799) (199.43 ha), RBSSN (ML-2524) (76.09),
RBSSN Beneficiation Plant, mining operations are stopped in terms of
an order passed by this Court in Jambunathanahalli Temple Case.
Therefore, the above directions shall apply to these three mining
leases subject to the further orders passed by this Court in
Jambunathanahalli Temple Case.
8(iii). In mining lease, namely, RMML (Dalmia) (ML-2010) (331.ha),
an order to maintain status quo has been passed by this Court in
SLP(C) No.32226/2009. Therefore, the above directions shall apply
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to this mining lease subject to any further order passed by this Court
in SLP(C) No.32226/2009.
8(iv). In mining lease, namely, MML-Timmappanagudi (ML-2605)
(136.97 ha), the general directions given above, shall apply subject to
the leaseholder abiding by the conditions stipulated in the CEC report,
as indicated in the table at page 40 of the report.
9. Among the 18 “Category A” mining leases M/s. R. Parveen
Chandra (ML No.2294) is cited as an accused in a criminal case
registered as PCR No.4/2011, re-numbered as Special CC 171/2011.
Needless to say that the investigation of the case shall proceed in
accordance with law and the permission for resumption of mining
operations shall have no effect on the pending investigation.
9(i). It is made clear that the permission for resumption of mining
operations shall not come in the way, in any manner whatsoever, in
any investigation, inquiry or proceedings that may be pending against
any of the 18 mining leases covered by this order or that may be
instituted against any one of them in future. The report of
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investigation, inquiry or proceeding in respect of any of the 18 leases
should also be submitted before this Court.
10. The interlocutory applications relating to the opening up of
“Category A” mines are disposed of.
11. Put up the report of the Central Empowered Committee dated
February 3, 2012 at an early date to expedite framing of the
Comprehensive Environment Plan for Mining Impact Zone and
matters related thereto.
………..….………………….J. (Aftab Alam)
.……………………………..J. (K.S. Radhakrishnan)
………………………………J. (Swatanter Kumar)
New Delhi; September 3, 2012.
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