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Context:
The Supreme Court has laid down a benchmark for action against illegal mining
Introduction:
- The apex court has also set a significant benchmark for stringent action against those who indulge in mining without environmental or forest clearance.
- Even the Central Empowered Committee had recommended compensation to the extent of 30% of the value of the iron ore and manganese ore illegally mined in Odisha, but the court has been firm about not compromising on the quantum of compensation.
- The apex court has been passing a series of orders on illegal mining activity, notably in Goa and Karnataka.
- The court has asked the centre to take a fresh look at the National Mineral Policy, 2008, which seems to be only on papers and not being enforced.
Key points:
- The court has firmly ruled that any excess extraction within the leased area would amount to unlawful mining. Every renewal of a mining lease would require such clearance, even if there is no expansion, modernization or increase in the pollution load.
- The court’s verdict came on a PIL, filed by NGO Common Cause, and had sought immediate intervention in the matter, saying that the Justice MB Shah Commission has pointed out large-scale illegal mining in the state.
- It also said any mining activity carried out after 7 January 1998 without a forest clearance amounted to illegal or unlawful mining in terms of the Act attracting 100 per cent recovery of the price of the extracted mineral.
