Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mining - Illegal extraction of iron-ore - Regulation of - Absolute ban imposed by the Supreme Court on the mining activities in three districts of Karnataka. i.e. Bellary Chitradurga and Titmkur to prevent and protect the huge ecological and environmental degradation caused by illegal mining in aforesaid districts |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Mining - Illegal extraction of iron-ore - Regulation of -Absolute ban imposed by the Supreme Court on the mining activitiesin three districts of Karnataka. i.e., Bellary, Chitra Durga and Titmkurto prevent and protect the huge ecological and environmental degradation caused by illegal mining in aforesaid districts -However. to ensure that a minimum quantity of iron ore is available.the Supreme Court permitted limited mining activity by permittingI8 leases in Category 'A· and 63 in catego1y 'B ·mines for extractionof iron ore with cap/ceiling on maximum production - Interlocutoryapplications filed seeking modification of the said orders on ground of significant change in circumstances after the orders imposingthe cap were passed - Propriety of - Held: The cap fixed by theCourt was in a situation where there was virtually no control oreffective regulatory measures as to the maximum output that couldbe generated by a particular mine - There was no scientific studyof the iron ore reserves allocated to a particular mine in the leasegranted - Resultantly, there was rampant and illegal mining withencroachments into forest land - This led to environmental andecological depredation that necessitated judicial intervention toresolve a situation which in the normal course may have fallen withinexecutive domain - Fixing cap upon extraction of mineral ore is thebusiness of the Executive branch of the Central Government andnot of the Court - In instant case, it is on basis of the interventionby the Court that Reclamation and Rehabilitation Plan ("R & R"plan) have been prepared for each mine by an expert body, ICFRE, based on a scientific study of various parameters including miningreserves - However. various features of the current scenario on theground as highlighted in the report of the Central EmpoweredCommittee (CEC) deserve a close look/consideration - Assessmentof reserves has also changed over the years - Consequently, all I.As disposed of by accepting the recommendations made by CECfor category 'A ' and 'B' mines, subject to the conditions so far ascategory 'C' mines are concerned. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2017 INSC 1226 |
Petitioner | Samaj Parivartana Samudaya & Ors. |
Respondent | State Of Karnataka & Ors. |
SCR | [2017] 14 S.C.R. 409 |
Judgement Date | 2017-12-14 |
Case Number | 562 |
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