Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environment: Pollution - Illegal mining - Large scale degradation of environment due to unprecedented illegal mining - Ameliorative and mitigative socio-economic measures taken by Supreme Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Environment: Pollution - Illegal mining - Large scale degradation of environment due to unprecedented illegal mining - Ameliorative and mitigative socio-economic measures taken by Supreme Court - Vide order dtd. 18.4.2013 passed by Supreme Court, lessees in three districts of respondent-State directed to contribute 10% of sale proceeds of mining to Monitoring Committee for eventual transfer to a Special Purpose Vehicle (SPV), constituted for execution of such ameliorative and mitigative measures - Respondent-State uls.9(B) of 2015 Act set up a District Mineral Foundation (DMF) in every district affected by mining, directing lessees to make payment to DMF as well - Plea of lessees that in view of overlapping objects of DMF and the purpose for which Court had passed orders for creation of SPV, the lessees should no longer be required to contribute 10% of sale proceeds to Monitoring Committee/SPV from the date from which they became liable to make payment to DMF - Held: Not tenable - There has been systematic, extraordinary and unprecedented plunder of natural wealth and environment in the three districts of respondent-State - It was to deal with such an extraordinary situation that the necessity of SPV was contemplated - Special funds in deposit with Monitoring Committee being the proceeds of illegal mining were meant to be deployed for recreation of what has been lost due to such illegal activities - Funds in huge proportions would be necessary - In such a situation lessees who .may be even remotely connected with degradation and destruction of nature must continue to pay their share in the process of restitution by contributing to Monitoring Committee from their present sale proceeds - Even the new lessees who may not have been involved with such degradation are contributing to the process of reclamation and restoration - Mines and Minerals (Development and Regulation) Amendment Act, 2015 - s.9B - District Mineral Foundation Rules, 2016 - r.3. Pollution - Illegal iron-ore mining - Ameliorative .and mitigative socio-economic measures - Comprehensive Environment Plan for the Mining Impact Zone ("CEPMIZ") prepared by State Government in consultation with Central Empowered Committee (CEC) as per various orders passed by Supreme Court - Implementation of - Held: The entire CEPMIZ Scheme need not be approved in one go and such approval may be considered and accorded in phases -The initial activities identified, namely, (i) construction of conveyor belt system; (ii) railway sidings and iii) railway sub-lines, need to be prioritized as the same being most significant steps towards controlling environmental pollution that persists on account of open movement of iron ore by road - It is only after controlled and regulated movement of iron ore is achieved that the other socio-economic measures should be undertaken so as to produce meaningful results. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2017 INSC 241 |
Petitioner | Samaj Parivartana Samudaya & Ors. |
Respondent | State Of Karnataka & Ors. |
SCR | [2017] 6 S.C.R. 577 |
Judgement Date | 2017-03-21 |
Case Number | 562 |
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