Summary
In the Karnataka illegal-mining matter, the Court had capped iron ore production in Bellary and in Chitradurga and Tumkur, raising the caps in 2017 to 28 MMT and 7 MMT. Mining lessees now sought removal of the caps. The CEC, the State, the Ministry of Steel and the industry supported full removal, citing the end of illegal mining and scientific R&R plans fixing each mine's maximum production. The original petitioner opposed on intergenerational-equity grounds, the Monitoring Committee raised transport-capacity concerns and the Oversight Authority could not give a firm opinion. Balancing sustainable development against conservation, the Court took a cautious, gradual approach. It declined to remove the caps entirely but raised the Bellary cap from 28 to 35 MMT and the Chitradurga-Tumkur cap from 7 to 15 MMT.
Issues
- Whether the court-imposed ceiling on iron ore production in Bellary, Chitradurga and Tumkur districts of Karnataka should be lifted or relaxed in view of changed circumstances
Held
- The caps were imposed when illegal mining was rampant and unregulated. Through a decade of court orders, illegal mining has been halted, R&R plans prepared by an expert body now fix each mine's permissible production, and the situation differs greatly from 2011 and 2017. (¶¶ 6, 9, 10)
- The CEC, the State, the Ministry of Steel, the industry association and the lessees all supported complete removal of the caps. The original petitioner's fears of over-excavation and harm to intergenerational equity, and the Monitoring Committee's transport-infrastructure concern, still merited consideration and had to be balanced under sustainable development. (¶¶ 11, 12, 13, 14, 15)
- Although the Court generally accepts CEC recommendations on the caps, a cautious and gradual approach was warranted. The Court declined to lift the caps entirely and raised the Bellary cap from 28 to 35 MMT and the Chitradurga and Tumkur cap from 7 to 15 MMT, balancing conservation and economic development. (¶¶ 16, 17)
Result
Ceiling limits on iron ore production raised to 35 MMT for Bellary and 15 MMT for Chitradurga and Tumkur together; three interlocutory applications disposed of, and the application concerning MPAP enhancement directions kept for the next hearing.