Independent Evaluation By MoEF&CC Necessary To Determine If Iron Ore Mining In Odisha Needs To Be Capped : Supreme Court

The Supreme Court today (04.12.2023) opined that an independent evaluation by the Ministry of Environment, Forest and Climate Change (MoEFCC) was necessary to determine whether a cap on iron ore mining needed to be imposed in the State of Odisha as the decision would affect issues such as sustainable development and intergenerational equity. 

A bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra was hearing a Public Interest Litigation (PIL) filed by Common Cause on illegal mining in the State of Odisha. In the last hearing, the court had asked the Centre to consider whether a cap on iron ore mining needs to be imposed in the State of Odisha as was done for Karnataka and Goa. 

Today, Additional Solicitor General Aishwarya Bhati, appearing for the Central Government produced before the Apex Court an affidavit filed by the Ministry of Mines, Government of India in the matter. However, the CJI was quick to point out that the perspective of the Ministry of Mine alone would not be enough to determine what was to be done in the matter. The CJI remarked–

"The Ministry of Mines would only be looking at it from the point of view of the capping of resources and how can the resources be used for development of the country. But Ministry of Mines will not give us information on environmental issues like sustainable development and intergenerational equity."

To this, the ASG responded by stating that the affidavit consisted of a comprehensive view of the Union of India and not just a Ministry alone and even consisted of inputs from the Geological Survey of India (GSI). However, looking at the affidavit, the CJI stated–

"The environmental aspect is not being considered at all here...Was the Ministry of environment consulted?"

Reiterating her earlier point, the ASG responded–

"This is in terms of the policy of Union of India collectively with all ministries."

The bench however noted that an independent application of mind was required by the MoEFCC. The CJI said–

"The Ministry of environment has to apply its mind and tell us because that is the expert ministry for environmental subjects."

The petitioners supported the same and stated that at the current rate of mining, the reserves were likely to be used up in twenty five years.

The bench observed n the order :

"For the enforcement of the previous order dated 14 August 2023, an affidavit has been filed by the Joint Secretary in the Ministry of Mines of the Union government. Since several aspects which are engaging attention of the court will have a bearing on sustainable development and intergenerational equity, we direct that an affidavit be filed by the Ministry of Environment, Forest and Climate Change bearing in mind the directions of 14th August. The affidavit shall be filed based on the MoEFCC's independent evaluation."

Earlier, the State of Odisha had informed the Court that on account of illegal mining an amount of Rs 2,622 crores was outstanding, out of which an amount of Rs 2,215 crores was to be recovered from five lessees. The leases of defaulters had either expired or have been terminated and they are not operating any lease or allowed to participate in tenders, the Court was informed by the Counsel for the state.

The Court had accordingly also issued directions for recovery of the amount from defaulters and stated–

“ (i) The State Government shall take expeditious steps to pursue the recovery proceedings in accordance with law and shall take necessary steps by attaching the assets of the defaulting entities; and

(ii) Hereafter, the terms and conditions of tender shall expressly clarify that no tender shall be entertained at the behest of an entity against which outstandings are due or companies in which the same promoters are interested.”

Today, the court asked the State of Odisha to file a status report regarding the same in four weeks.

Case Title: Common Cause v Union Of India . And Ors. W.P.(C) No. 114/2014 PIL-W

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