COMMON CAUSE versus UNION OF INDIA & ORS.

COMMON CAUSE versus UNION OF INDIA & ORS.

SMPL's mining activities from 13/14 August 2001 to 22 September 2004 were legal only to the extent of 1.4 LTPA as per 1999 permission. Environmental clearance dated 22 September 2004 does not operate retrospectively and is only for expansion in production from date granted. Any mining in excess of environmental clearance after this date is illegal and must be penalised. Extraction must be interpreted as iron ore ROM and not just iron ore (lump), and penalty for excess mining is to be quantified by CEC based on entire iron ore ROM extracted.

Parties
Petitioner: Common Cause; Respondent: Union of India & Ors.; Interested Party: Sarda Mines Pvt. Ltd.
Jurisdiction
India
Judgment Date
12 November 2018
Procedural Posture
Writ Petition (civil) / Final Disposition of Interlocutory Applications (i.a. No. 40 of 2015, I.a. No. 42 of 2015, IA No. 61 of 2015 in IA No. 40 of 2015 and IA No. 111989 of 2018) in Writ Petition (c) No. 114 of 2014
Outcome
Interlocutory Applications disposed of with directions
Legal Topics
Validity of Environmental Clearance, Illegal Mining, Retrospective Application of Environmental Clearances, Quantification of Penalty for Excess Mining
Environmental Law Mining Law Administrative Law Validity of Environmental Clearance Illegal Mining Retrospective Application of Environmental Clearances Quantification of Penalty for Excess Mining

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Parties

Common Cause

Petitioner

Union of India & Ors.

Respondent

Sarda Mines Pvt. Ltd.

Interested Party

Procedural Posture

Writ Petition (civil) / Final Disposition of Interlocutory Applications (i.a. No. 40 of 2015, I.a. No. 42 of 2015, IA No. 61 of 2015 in IA No. 40 of 2015 and IA No. 111989 of 2018) in Writ Petition (c) No. 114 of 2014

Legal Issues

  1. 1 Validity of environmental clearance granted to Sarda Mines Pvt. Ltd.
  2. 2 Legality of mining activities carried out without/in excess of environmental clearance
  3. 3 Whether environmental clearance has retrospective effect

Ratio Decidendi

SMPL's mining activities from 13/14 August 2001 to 22 September 2004 were legal only to the extent of 1.4 LTPA as per 1999 permission. Environmental clearance dated 22 September 2004 does not operate retrospectively and is only for expansion in production from date granted. Any mining in excess of environmental clearance after this date is illegal and must be penalised. Extraction must be interpreted as iron ore ROM and not just iron ore (lump), and penalty for excess mining is to be quantified by CEC based on entire iron ore ROM extracted.

Court Disposition

Interlocutory Applications disposed of with directions

Orders

  • Central Empowered Committee (CEC) to quantify penalty for excess mining by SMPL from 22 September 2004 onward based on terms of environmental clearance.
  • CEC to rework quantum of excessive/illegal mining and penalty; six weeks granted for determination.