Environmental Law:
Forest conservation – Interlocutory applications seeking direction to the State/Authorities to ensure that in the forest, nonforest activities (including mining operations) are not carried out in the garb of lease by the licensee – Also sought initiation of criminal proceedings against the erring persons/officials etc. – Central Empowered Committee constituted by the Court – Committee found that grant of mining in favour of the licensee in question, was in violation of Forest Conservation Act and extraction of iron ore and transportation thereof was in violation of approved mining plan and also noted various other illegalities and irregularities – Committee recommended recovery of sale proceeds, sale of confiscated iron ore, criminal proceedings against the erring officials and blacklisting of the licensee – State filed affidavit stating actions taken in compliance of the recommendation of the Committee – Held: Report of the Committee is accepted – State has taken necessary steps – Applications, in so far as licensee is concerned, are disposed of.
Disposing of the applications, the Court
HELD: The Report of the Central Empowered Committee is accepted. From a reading of the Report of the CEC, it is apparent that the licensee had flagrantly violated the law and had AND ORS.
carried out mining in the forest areas. The affidavit of the State Government reveals that the State Government itself was alive to these violations and has taken necessary steps in the matter. The State has taken action not only to stop mining but also to initiate proceedings against the erring officials. The affidavit of the State shows that all mining activities in the forest areas have been stopped long time back. It is clear that steps have been taken to recover the entire sale proceeds of the CMT of iron ore that was mined and transported by the licensee. It is also clear that State Government has initiated disciplinary proceedings against its officials who were found to be guilty of professional misconduct. Disciplinary enquiry has also been ordered against the then Assistant Mining Officer, by the Mining Department of the Government of Chhattisgarh. The Department of Commerce and Industry of the State Government had already blacklisted the licensee. It is clear from the records that the confiscated iron ore has been mined from the adjoining forest land. The authorities concerned are free to auction the aforesaid confiscated iron ore in accordance with law. Therefore, it is not necessary to direct the CBI enquiry as prayed for in the applications. The applications are accordingly disposed of insofar as the licensee is concerned. [Para 7] [662-D-H; 663-A]
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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