Environmental laws:
Mines and minerals: Iron ore – Ceiling Limit on production – Enhancement or removal – Production iron ore, from all mining leases in Districts of Bellary, Tumkur and Chitradurga in the State of Karnataka – In year 2011, complete ban imposed on mining in the districts of Bellary, Chitradurga and Tumkur districts of Karnataka on the basis of the report of Centrally Empowered Committee-CEC – In the year 2012, on recommendations of CEC, ceiling limit of 25 million metric tonnes-MMT in District Bellary and 5 MMT in Chitradurga and Tumkur districts prescribed – Applications seeking enhancement/lifting of ceiling cap – On basis of the fresh report of CEC in the year 2017, ceiling limit increased from 25 MMT to 28 MMT in District Bellary and from 5 MMT to 7 MMT in Chitradurga and Tumkur districts – However, presently the stand of the CEC, the State of Karnataka, Ministry of Steel, Union of India, Karnataka Iron and Steel Manufacturers Association and mining lease holders that there should be complete removal of the ceiling to ensure protection of the environment and keeping in mind the principles governing intergenerational equity – However, the petitioner’s case that lifting of the ceiling limit might lead to unmitigated mining activity in the State and would result in regression of the entire state of affairs – Held: The concerns raised by the petitioner, of possible over excavation and its adverse impact on intergenerational equity must be balanced and principle of sustainable development should also come to play – Situation merits a cautious approach – Conservation of the ecology and the environment must go hand in hand with the spirit of economic development and fine balance between two goals is to be achieved – Thus, ceiling limit of iron ore to be raised from 28 MMT to 35 MMT in District Bellary and from 7 MMT to 15 MMT in Chitradurga and Tumkur districts collectively.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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