SAMAJ PARIVARTANA SAMUDAYA & ORS. versus STATE OF KARANATAKA & ORS.

SAMAJ PARIVARTANA SAMUDAYA & ORS. versus STATE OF KARANATAKA & ORS.

Supreme Court accepts the CEC survey and categorization of mining leases as reasonable and constitutionally permissible, orders reopening of Category A and B mines subject to conditions and complete closure of Category C mines, lifts embargo on fresh mining licences and directs that the boundaries fixed by the Joint Team are final.

Parties
Petitioner: Samaj Parivartana Samudaya & Ors.; Respondent: State of Karnataka & Ors.
Jurisdiction
India
Judgment Date
18 April 2013
Procedural Posture
Writ Petition (civil) No. 562 of 2009 Etc. / Final Disposition
Outcome
Writ Petition No. 562/2009 disposed of; other SLPs and Writ Petitions de-tagged and to be listed separately.
Legal Topics
Forest Conservation, Illegal Mining, Public Interest Litigation (pil), Mining Lease Boundaries, Inter Generational Equity, Sustainable Development, Rehabilitation and Reclamation (r&r) Plans
Environmental Law Constitutional Law Administrative Law Mining Law Forest Conservation Illegal Mining Public Interest Litigation (pil) Mining Lease Boundaries +3 more

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Parties

Samaj Parivartana Samudaya & Ors.

Petitioner

State of Karnataka & Ors.

Respondent

Procedural Posture

Writ Petition (civil) No. 562 of 2009 Etc. / Final Disposition

Legal Issues

  1. 1 Whether the recommendations and categorization by Central Empowered Committee (CEC) are credible and acceptable.
  2. 2 Whether the Court can exercise constitutional jurisdiction under Articles 32 and 142 to remedy illegal mining.
  3. 3 Whether the categorization of mining leases based on extent of encroachment is constitutionally permissible.

Ratio Decidendi

Supreme Court accepts the CEC survey and categorization of mining leases as reasonable and constitutionally permissible, orders reopening of Category A and B mines subject to conditions and complete closure of Category C mines, lifts embargo on fresh mining licences and directs that the boundaries fixed by the Joint Team are final.

Court Disposition

Writ Petition No. 562/2009 disposed of; other SLPs and Writ Petitions de-tagged and to be listed separately.

Orders

  • Survey findings and lease boundaries by Joint Team approved and accepted.
  • Categorization of mines (A, B, C) approved and accepted.