Summary
In the Odisha iron-ore and manganese mining proceedings, the Court directed recovery of 100% of the price of unlawfully extracted minerals within the stated periods. Overlapping environmental and forest violations attracted one recovery, without adjustment of separate forest payments. This headnote covers the reviewed clearance/recovery conclusions and final directions; several company-specific and committee issues remained for further hearing.
Issues
- What recovery followed mining without environmental or forest clearance under the stated historical regimes.
- How overlapping violations, forest payments and restarting operations were treated.
- What final administrative directions and reservations were made.
Held
- The Court’s consolidated conclusions required recovery under Section 21(5) of 100% of the price of disposed minerals extracted contrary to EIA requirements from 2000–01 onwards. Forest-clearance violations attracted recovery for mining after 7 January 1998 until clearance, subject to the stated treatment of temporary working permissions. (¶ 179–186)
- Where environmental and forest violations overlapped, compensation was 100%, not 200%. NPV, additional NPV and penal compensatory-afforestation payments belonged to a different category and were neither adjustable nor refundable against that recovery. (¶ 183–186)
- The clearance conclusions distinguished pre-27 January 1994 projects, subsequent expansion or renewal, and the requirements effective 14 September 2006. Their specified dates and conditions govern rather than a blanket exemption for old leases. (¶ 186)
- Determined dues were payable by 31 December 2017. Restarting mining required statutory compliance and full payment of compensation and other dues. Pending show-cause notices required hearing and decision by that date. (¶¶ 223, 225)
- The Union was directed to revisit the 2008 mineral policy by 31 December 2017, and Odisha’s Chief Secretary to report on welfare-fund use and audited accounts. Company-specific and committee questions were reserved; no CBI investigation was directed at this stage. (¶¶ 218, 224, 226–229)
Result
Directions issued and petitions disposed of to that extent, with specified further hearings and affidavit monitoring retained. Certain individual applications dismissed; recovery, compliance and policy-review directions imposed.