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

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

The Court directed ground demarcation of the seven specified Category B-1 mining leases by a Joint Team with NIT Karnataka using total station survey and satellite imagery, mandated implementation of lease-wise R&R Plans and MPAPs (with MPAPs to be scaled pro-rata if aggregate production exceeds district caps), required the CEC/Monitoring Committee/Oversight Authority to undertake comprehensive exercises and report within fixed timelines, and refused to discontinue the 10% levy to the SPV at this stage given CEPMIZ is in initial/execution stage and projected expenditures remain substantial.

Parties
Petitioner: Samaj Parivartana Samudaya & Ors.; Respondent: State of Karnataka & Ors.
Jurisdiction
India
Judgment Date
14 March 2024
Procedural Posture
Writ Petition (civil) No. 562 of 2009 Under Article 32 of the Constitution of India / Order on Multiple Interlocutory Applications; Main Writ Petition Pending
Outcome
Court issued detailed directions on demarcation, R&R Plans, MPAP implementation and reporting; several interlocutory applications were disposed of as indicated; applications seeking discontinuation of the 10% levy were dismissed.
Legal Topics
Illegal Mining, Reclamation and Rehabilitation Plans (r&r Plans), Maximum Permissible Annual Production (mpap), District Level Production Ceiling, Demarcation of Mining Leases, Special Purpose Vehicle Levy (10% to Spv)
Environmental Law Mining Law Administrative Law Illegal Mining Reclamation and Rehabilitation Plans (r&r Plans) Maximum Permissible Annual Production (mpap) District Level Production Ceiling Demarcation of Mining Leases +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 of the Constitution of India / Order on Multiple Interlocutory Applications; Main Writ Petition Pending

Legal Issues

  1. 1 Demarcation on ground of seven Category B-1 mining leases lying on/near the Karnataka–Andhra Pradesh boundary
  2. 2 Implementation and enforcement of R&R Plans as a precondition to resumption of mining
  3. 3 Fixing and implementing lease-wise MPAP and district-level production ceilings and mechanism to scale MPAP pro-rata if aggregate exceeds district cap

Ratio Decidendi

The Court directed ground demarcation of the seven specified Category B-1 mining leases by a Joint Team with NIT Karnataka using total station survey and satellite imagery, mandated implementation of lease-wise R&R Plans and MPAPs (with MPAPs to be scaled pro-rata if aggregate production exceeds district caps), required the CEC/Monitoring Committee/Oversight Authority to undertake comprehensive exercises and report within fixed timelines, and refused to discontinue the 10% levy to the SPV at this stage given CEPMIZ is in initial/execution stage and projected expenditures remain substantial.

Court Disposition

Court issued detailed directions on demarcation, R&R Plans, MPAP implementation and reporting; several interlocutory applications were disposed of as indicated; applications seeking discontinuation of the 10% levy were dismissed.

Orders

  • Constitute and empower a Joint Team including officers of Karnataka and Andhra Pradesh to assist the CEC in surveying seven specified B-1 Category mining leases; survey to be carried out by National Institute of Technology, Suratkhal (NIT Karnataka) using total station method and satellite images, one lease at a...
  • CEC to issue notice to respective lessees after receipt of survey/demarcation reports and pass appropriate orders; exercise to be undertaken even if leases have expired; CEC to file a report before the Court within seven months.