100% penalty on Orissa’s illegal mining – SC landmark case
In a landmark judgement delivered on the 2.08.2017, in a case filed by common cause on the rampant illegal mining in Odisha, the SC held that mining Companies in Odisha were guilty of rampant illegal and rapacious mining as held by the Justice Shah Commission, which had given a scathing report on it. The Court held that all those who had done illegal extraction of minerals would have to pay the full value of illegally extracted material to the government. The Court held that any mining without environmental clearance, forest clearance, or in excess of permitted quantities, or outside the lease area, would be deemed to be illegal mining for which the companies would need to disgorge full value of the extracted mineral. These Companies would not be allowed to resume mining till they pay for the illegal extraction which has been estimated at 70,000Cr.
The court also said that it would appoint a High level committee to examine how and why such rampant illegal extraction went on and suggest ways and means to remedy that. The issue of a CBI investigation would be considered after that. The court also asked the govt to prepare a new mining policy, taking into account the issue of intergenerational equity, so that mineral and the Environment would be preserved for future generations.
This is a landmark Supreme Court judgement which would have a major impact on illegal mining going on in the country.
Read the judgement below.