38.6c New Delhi, India, Thursday, June 13, 2024
Judiciary

Cap on Iron Ore mining in Odisha: Supreme Court seeks MoEFCC views [Read Order]

By LAWSTREET NEWS NETWORK      05 December, 2023 02:38 PM      0 Comments
Cap on Iron Ore mining in Odisha Supreme Court seeks MoEFCC views

NEW DELHI: The Supreme Court on Monday asked the Union government's Ministry of Environment, Forest and Climate Change (MoEFCC) to clarify its stand on putting a cap on iron ore mining in Odisha, in order to ensure "sustainable development and inter generational equity".

The top court was apparently dissatisfied by the Ministry of Mine's response that no limit on extraction of iron ore was required.

A bench of Chief Justice of India D Y Chandrachud felt that MoEFCC, being an expert body, should apprise it about the impact of mining on the environment and the concept of intergenerational equity.

The bench, also comprising Justices J B Pardiwala and Manoj Misra, sought to know if the MoEFCC was consulted by the Ministry of Mines on the issue.

The court was hearing a plea by NGO 'Common Cause'.

Additional Solicitor General Aishwarya Bhati, appearing for the Union government said the Ministry of Mines has filed an affidavit.

In its response, the Ministry of Mines said that steel being an important pillar in achieving the economic goals of the nation and in making India self-reliant, any such capping would be highly detrimental towards achieving the common developmental goals of the nation.

"Putting a cap on production of a mineral in a particular state, which is resource rich in that commodity, will jeopardise the economic development of the nation, mineral availability for the downstream industries and the requirement to sub-serve the huge population base of the country,” it said.

The bench noted that the Ministry of Mines has examined the matter in the light of the quantum of iron ore resources in the country and the cap imposed in Karnataka and Goa.

However, it posed a question whether in the present situation, Odisha also required a capping.

"The MoEFCC has to apply its mind and tell…that is the expert ministry dealing with the environment," the bench said.

The bench also pointed out the Union Ministry of Mines' response 
does not have the view of the Environment Ministry.

Bhati said current per capita consumption of India is 158 kgs, whereas the current global average is 208 kgs. She also referred to the court's attention to zero waste mining.

Senior advocate A D N Rao, acting as amicus curiae in the matter, said in Karnataka and Goa, the CEC had examined it and then recommended for a cap.

Senior advocate Rakesh Dwivedi, representing the Odisha government, opposed Rao’s view.

He said the affidavit clearly points out while the consumption has grown at the same time the availability of the resources has also grown.

“71% of the OGP (obvious geological potential) area that is the area where prospecting is done….it (iron ore) is known that it is available there but it is not being mined….that is still available. That is intergenerational equity," Dwivedi said.

He said that iron ore leads to production of steel, which is important for defence and all industries. He said the steel is the backbone of several industries, including Railways.

He insisted that any curtailment would mean that the future will suffer and intergenerational equity should not be looked at from the point of view of a particular resource only.

Advocate Pranav Sachdeva, for the NGO 'Common Cause', submitted that the iron ore is set to be exhausted in 25 years keeping in mind the present pace of mining and insisted for the court's direction on capping on iron ore.

“We want the view of the MoEFCC. This ministry is the expert body and it can tell us about the impact of the iron ore mining on the environment and the concept of intergenerational equity,” the bench said.

Bhati agreed to file the affidavit by MoEFCC.

The court also directed the Odisha government to file a fresh affidavit in four weeks giving details of recoveries of dues from defaulter mining firms, which were held guilty of violating norms, from the last order passed on August 14, 2023. The apex court also asked the state government to provide the details of properties of mining firms which were attached for recovering the dues.

In its order August 14, 2023, the court had said, “The Union of India shall consider the position and decide whether a cap on mining is necessitated in the case of State of Odisha and, if so, the modalities to be followed for determining such a cap. In arriving at its decision, the Union of India shall also examine the basis on which a cap was imposed in the States of Karnataka and Goa”.

The Odisha government had said that this year, it had recovered a substantial amount in fines from the defaulting mining firms but Rs 2,622 crore was yet to be collected from them.

 

[Read Order]



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

The Orissa High Court has been without a permanent chief justice since January 5, 2020 after the retirement of former Chief Justice, KS Jhaveri. The high court is currently headed by acting Chief Justice Sanju Panda.

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

TRENDING NEWS

bjp-workers-stabbed-near-village-masjid-for-celebrating-pm-narendra-modis-victory-by-raising-bharat-mata-ki-jai-slogan
Trending Crime, Police And Law
BJP workers stabbed near village Masjid, for celebrating PM Narendra Modi's victory by raising 'Bharat Mata ki Jai slogan'

BJP workers stabbed near village Masjid in Karnataka for celebrating Narendra Modi's third term as PM.

12 June, 2024 12:11 PM
allahabad-high-court-quashes-fir-grants-protection-to-adult-couple-who-married-against-familys-wishes
Trending Judiciary
Allahabad High Court quashes FIR, grants protection to adult couple who married against family’s wishes [Read Order]

Allahabad High Court quashes FIR, protects couple who married against family’s wishes, emphasizing their constitutional rights and condemning threats to their lives.

12 June, 2024 02:00 PM

TOP STORIES

threat-of-false-rape-allegations-constitutes-abetment-of-suicide-madhya-pradesh-hc
Trending Judiciary
Threat of false rape allegations constitutes abetment of suicide: Madhya Pradesh HC [Read Order]

Madhya Pradesh High Court rules that threats of false rape allegations amount to abetment of suicide, dismissing petition to quash related criminal proceedings.

07 June, 2024 12:06 PM
food-safety-commissioner-cracks-down-on-blinkit-warehouse-violations-seizes-expired-products
Trending Business
Food Safety Commissioner Cracks Down on Blinkit Warehouse Violations, Seizes Expired Products

Food Safety Commissioner seizes expired products at Blinkit warehouse in Telangana. Violations include disorganization, hygiene issues, and lack of compliance.

07 June, 2024 01:21 PM
engineer-rashid-seeks-interim-bail-to-take-oath-as-mp-after-2024-lok-sabha-polls-victory-amidst-nia-charges
Trending Political NEWS
Engineer Rashid Seeks Interim Bail to Take Oath as MP After 2024 Lok Sabha Polls Victory Amidst NIA Charges

Engineer Rashid seeks interim bail to take oath as MP after winning the 2024 Lok Sabha polls, amidst NIA charges and detention in Tihar Jail since 2019.

07 June, 2024 02:53 PM
calcutta-high-court-seeks-response-from-nta-on-alleged-irregularities-in-neet-ug-2024
Trending Judiciary
Calcutta High Court Seeks Response from NTA on Alleged Irregularities in NEET (UG) 2024 [Read Order]

Calcutta HC directs NTA to explain NEET (UG) 2024 marking and reservation policies following allegations of irregularities. Hearing set for two weeks.

07 June, 2024 03:08 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email