Why in news?
Supreme Court has recently directed that there will be a levy of 100% penalty on the miners’ total value of illegal mining extracts over the years.
What is the case about?
- The judgment was on the basis of a PIL plea filed by NGO Common Cause about the rampant illegal mining of iron and manganese ore in Odisha.
- The court had appointed a Central Empowered Committee (CEC) to look into illegal activities by mining companies and furnish a report on it.
- CEC had recommended that 30% notional value be realized from illegal mining companies.
- The Supreme Court had, however, imposed a 100% penalty on illegal mining on account of lack of forest and environment clearances.
What are the directions given?
- Mining has become a source of corruption, excessive exploitation of natural resources and a curse in the lives of forest dwellers and tribal community.
- In this regard, the court has observed that the National Mineral Policy (NMP) of 2008 has failed to check illegal mining of natural resources.
- It has directed the Centre to revisit the policy, which is ineffective due to the involvement of powerful vested interests.
- It has firmly ruled that any excess extraction even within the leased area of the company would also amount to unlawful mining.
- It has clarified that every renewal of a mining lease would require such clearance, even if there is no expansion, modernisation or increase in the pollution load.
- It gave directions for setting up of an expert committee presided over by a retired judge to identify the lapses that have occurred over the years with regard to mining and recommend preventive measures.
- Supreme Court has gone beyond a mere affirmation of the ‘polluter pays’ principle and has made a stringent action against undue exploitation of natural resources.
Source: The Hindu
