2012 (9) TMI 1188 - SC - Indian Laws

Interlocutory applications - Implementation of the R R Plans - resumption of mining operations in Category A mining leases and issues - Permission granted subject to conditions - In the present case it was cleared that No mining operation under any of the mining leases shall take place unless all the statutory sanctions permissions and approvals are subsisting. In case after the resumption of mining operations in terms of this order any statutory sanction permission or approval is lapsed or is not renewed in time the mining operations would remain stopped until the required statutory sanction permission or approval is duly granted. the Monitoring Committee finds any slackness in the implementation of the R R Plan in leasehold area under a mining lease the Monitoring Committee shall apprise the CEC in that regard and it would be open to the CEC to direct suspension of the mining operations under the concerned mining lease and to report the matter to this Court. HELD THAT - In light of the recommendation of the CEC the ban imposed on mining operations in all the mining leases (excepting two mining leases of M/s. NMDC Ltd.) in the districts of Bellary Tumkur and Chitradurga by orders dated July 29 and August 26 2011 is lifted in respect of the 18 Category A mines as enumerated in Annexure R-1 to the report. Mining operations in those 18 Category A may commence to the extent of the permissible annual production as determined by the CEC and as indicated in the table at page Nos. 15 and 16 of the report. The commencement of the mining operations shall be subject to the conditions. It is made clear that the permission for resumption of mining operations shall not come in the way in any manner whatsoever in any investigation inquiry or proceedings that may be pending against any of the 18 mining leases covered by this order or that may be instituted against any one of them in future. The report of investigation inquiry or proceeding in respect of any of the 18 leases should also be submitted before this Court. The interlocutory applications relating to the opening up of Category A mines are disposed of.

Issues:
1. Implementation of R & R Plans and resumption of mining operations in "Category A" mining leases.
2. Acceptance of recommendations made in the report of the Central Empowered Committee.
3. Lifting of ban on mining operations in specified mining leases.
4. Conditions for commencement of mining operations.
5. Application of general directions to specific mining leases.
6. Criminal case against a mining leaseholder and its impact on resumption of mining operations.
7. Disposal of interlocutory applications.
8. Framing of Comprehensive Environment Plan for Mining Impact Zone.

Analysis:

1. The judgment addresses the implementation of R & R Plans and the resumption of mining operations in "Category A" mining leases. The report submitted by the Central Empowered Committee (CEC) on August 29, 2012, regarding these matters is accepted, subject to any modifications deemed necessary by the Court later on.

2. The recommendations made in the CEC report are accepted, specifically in relation to 18 "Category A" mining leases in Bellary and Chitradurga districts. The report indicates that the R & R Plans for these mines have been approved, and mining operations may commence in accordance with specified conditions.

3. The ban on mining operations in certain districts is lifted for the 18 "Category A" mines listed in the report. Mining activities can begin, subject to compliance with statutory requirements, implementation of R & R Plans, and adherence to environmental management plans.

4. Specific conditions are outlined for the commencement of mining operations, including obtaining necessary approvals, satisfying the Monitoring Committee, and providing written undertakings regarding environmental compliance and liabilities. The CEC is tasked with inspecting and reporting on the leaseholders' compliance.

5. The judgment details additional conditions and directions applicable to six specific mining leases among the 18 "Category A" mines, based on their individual circumstances and legal status. These conditions are subject to further orders from the Court in specific cases.

6. The judgment addresses a criminal case involving one of the mining leaseholders, emphasizing that the resumption of mining operations should not interfere with the ongoing investigation or any future legal proceedings. The Court expects updates on investigations related to the mining leases covered by the order.

7. Interlocutory applications related to the opening of "Category A" mines are disposed of as part of the judgment, streamlining the legal process and paving the way for the resumption of mining operations under specified conditions.

8. Lastly, the judgment highlights the need to expedite the framing of a Comprehensive Environment Plan for Mining Impact Zone and related matters. This aspect aims to enhance environmental protection and sustainable mining practices in the designated zones.

This comprehensive judgment by the Supreme Court addresses various legal and environmental aspects related to the resumption of mining operations in specific mining leases, emphasizing compliance with statutory requirements, environmental regulations, and ongoing legal proceedings.

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