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

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

The Court declined to lift the ceiling entirely as recommended by the CEC and, taking a cautious approach balancing conservation and economic development, increased the district-level ceiling limits to 35 MMT for District Bellary (from 28 MMT) and to 15 MMT collectively for Districts Chitradurga and Tumkur (from 7 MMT), while retaining the regime of MPAP fixed through R&R Plans and Supplementary Environment Plans.

Parties
Petitioner: Samaj Parivartana Samudaya & Ors.; Respondent: State of Karnataka & Ors.
Jurisdiction
India
Judgment Date
26 August 2022
Procedural Posture
Writ Petition (civil) No. 562 of 2009 Under Article 32 / Continued Hearing and Order on Interlocutory Applications
Outcome
Court increased ceiling limits and disposed of certain interlocutory applications while leaving one IA for further consideration
Legal Topics
Ceiling Limit on Production, Sustainable Development, Intergenerational Equity, Export Ban, Maximum Permissible Annual Production (mpap), R&r Plans, Infrastructural Capacity for Transport
Environmental Laws Mines and Minerals Ceiling Limit on Production Sustainable Development Intergenerational Equity Export Ban Maximum Permissible Annual Production (mpap) R&r Plans +1 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 Under Article 32 / Continued Hearing and Order on Interlocutory Applications

Legal Issues

  1. 1 Whether the court-imposed ceiling limits on iron ore production in Bellary, Chitradurga and Tumkur should be lifted or relaxed
  2. 2 If relaxation is appropriate, what numerical ceiling(s) should be prescribed
  3. 3 Whether sale/export bans and e-auction/monitoring regime should be continued or vacated

Ratio Decidendi

The Court declined to lift the ceiling entirely as recommended by the CEC and, taking a cautious approach balancing conservation and economic development, increased the district-level ceiling limits to 35 MMT for District Bellary (from 28 MMT) and to 15 MMT collectively for Districts Chitradurga and Tumkur (from 7 MMT), while retaining the regime of MPAP fixed through R&R Plans and Supplementary Environment Plans.

Court Disposition

Court increased ceiling limits and disposed of certain interlocutory applications while leaving one IA for further consideration

Orders

  • Ceiling limit for iron ore production in District Bellary increased from 28 MMT to 35 MMT
  • Ceiling limit for iron ore production in Districts Chitradurga and Tumkur (collectively) increased from 7 MMT to 15 MMT