SAMAJ PARIVARTANA SAMUDAYA AND ORS. versus STATE OF KARNATAKA AND ORS.

SAMAJ PARIVARTANA SAMUDAYA AND ORS. versus STATE OF KARNATAKA AND ORS.

Given the changed circumstances since the 2011 ban, poor response to consecutive e-auctions and the substantial recovery and safeguards implemented (including R&R plans and SPV funding), the Court relaxed its earlier restriction and held that applicants may sell already excavated iron ore stock without resort to e-auction and may export iron ore and pellets in terms of extant Government of India policy; the question of lifting production caps was deferred to the Oversight Authority for opinion.

Parties
Petitioner: Samaj Parivartana Samudaya and Ors.; Respondent: State of Karnataka and Ors.; Respondent: Union of India
Jurisdiction
India
Judgment Date
20 May 2022
Procedural Posture
Writ Petition (civil) No. 562 of 2009 Under Article 32 / Order on Interlocutory Applications for Modification of Earlier Orders and for Permission to Sell/export (may 20, 2022)
Outcome
Applications allowed in part
Legal Topics
Illegal Mining, Sale of Excavated Stock, E Auction, Export Restrictions, Reclamation and Rehabilitation, Monitoring Committee, Production Cap
Environmental Law Mines and Minerals Law Administrative Law Illegal Mining Sale of Excavated Stock E Auction Export Restrictions Reclamation and Rehabilitation +2 more

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Parties

Samaj Parivartana Samudaya and Ors.

Petitioner

State of Karnataka and Ors.

Respondent

Union of India

Respondent

Procedural Posture

Writ Petition (civil) No. 562 of 2009 Under Article 32 / Order on Interlocutory Applications for Modification of Earlier Orders and for Permission to Sell/export (may 20, 2022)

Legal Issues

  1. 1 Whether permission should be granted to sell already excavated iron ore stock without resorting to e-auction conducted by the Court-appointed Monitoring Committee
  2. 2 Whether the ban on export of iron ore and pellets from Bellary, Chitradurga and Tumkur should be lifted
  3. 3 Whether the ceiling limit for production of iron ore for mining leases in the three districts should be lifted

Ratio Decidendi

Given the changed circumstances since the 2011 ban, poor response to consecutive e-auctions and the substantial recovery and safeguards implemented (including R&R plans and SPV funding), the Court relaxed its earlier restriction and held that applicants may sell already excavated iron ore stock without resort to e-auction and may export iron ore and pellets in terms of extant Government of India policy; the question of lifting production caps was deferred to the Oversight Authority for opinion.

Court Disposition

Applications allowed in part

Orders

  • Permission granted to sell already excavated iron ore stock-piles in Bellary, Chitradurga and Tumkur without resorting to e-auction
  • Permission granted to applicants to enter into direct contracts for inter-state sale of excavated iron ore