Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environmental laws |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Environmental laws: Illegalities involved in the mining leaseof Sarda Mines Private Limited (SMPL) – In the instant case, SMPLwas granted permission on 13.7.1999 to extract 1.4 LTPA of ironore – However, environmental clearance was granted to SMPL on22.9.2004, which referred to the proposal for expansion ofproduction of iron ore (lump) from 1.5 LTPA to 4.0 MTPA – Validityof environmental clearance granted to SMPL and the productionof iron ore without/in excess of the environmental clearancechallenged – Held: Permission granted on 13.7.1999 was forproduction of iron ore and not for iron ore (lump) – Even MMDRAct referred to mineral iron ore and not to iron ore (lump) – Therefore,the environmental clearance granted on 22.9.2004 must beunderstood in the context of permission granted on 13.7.1999 andMMDR Act – Environmental clearance does not have anyretrospective effect – It is operational from the date it is granted –Therefore, the mining activity carried out by SMPL from 13/14.8.2001 till the date of environmental clearance that is 22.9.2004is legal to extent of 1.4 LTPA and SMPL cannot be penalized forthis mining activity during this period – Since environmentalclearance does not have retrospective effect, the first year ofproduction would be 2004-2005 (pro rata) based on theenvironmental clearance – The records showed that there was excessmining of iron ore from the first year of production itself – Thisexcess mining was clearly illegal and must be penalized – Central Empowered Committee (CEC) is directed to quantify the penalty tobe imposed on SMPL from 22.9.2004 and based on the terms of theenvironmental clearance – Mines and Minerals (Development andRegulation) Act, 1957.Iron ore: Environmental clearance – Extraction of mineraliron ore is extraction of iron ore Run of Mine (ROM) – Lumps ofiron ore are by-product of ROM – In the instant case, permissionwas granted to SMPL on 13.7.1999 to extract mineral iron ore –This had no reference at all to the sub-category or by-product callediron ore (lump) but has to be understood as permission to extractmineral iron ore ROM – It was this permission that was sought to beproposed for expansion of production – The environmentalclearance on 22.9.2004 was only with reference to iron ore ROM –This must be read in the context of the MMDR Act which refers tomineral iron ore and does not refer to iron ore (lump) – There is nomerit in objections raised by SMPL to the report of the CEC withregard to the validity of the environmental clearance or the excessor illegal mining of iron ore by SMPL. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2017 INSC 700 |
Petitioner | Common Cause |
Respondent | Union Of India & Ors. |
SCR | [2018] 13 S.C.R. 1204 |
Judgement Date | 2018-11-12 |
Case Number | 114 |
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