Order of the Supreme Court of India regarding mining in Odisha, 14/08/2023

  • 14/08/2023

Order of the Supreme Court of India in the matter of Common Cause Vs Union of India & Others dated 14/08/2023.

The Supreme Court directed the Union of India to decide whether a cap on mining is necessitated in the case of Odisha and if so, the modalities to be followed for determining such a cap. " In arriving at its decision, the Union of India shall also examine the basis on which a cap was imposed in the States of Karnataka and Goa," the order passed by the bench of Chief Justice D Y Chandrachud, Justice  J B Pardiwala and Justice Manoj Misra. The government of India was directed to file its affidavit within a period of eight weeks.

The state of Odisha informed the SC that at present an amount of Rs 2,622 crores, excluding interest, is due and outstanding on account of illegal mining, out of which an amount of Rs 2,215 crores is recoverable from five lessees".

The apex court directed the state of Odisha that expeditious measures should be taken to pursue the recovery proceedings in accordance with law and necessary steps be taken by attaching the assets of the defaulting entities. In addition, the terms and conditions of the tender need to clarify that that no tender would be entertained at the behest of an entity against which outstandings are due or companies in which the same promoters are interested.