Govt. Of A.p. & Others v. M/s. Obulapuram Mining Co. Pvt. Ltd. & Others

Govt. Of A.p. & Others v. M/s. Obulapuram Mining Co. Pvt. Ltd. & Others

(Supreme Court Of India)

Special Leave to Petition (Civil) No. 7366-7367 Of 2010 With 32690-32691 Of 2010, W.P.(Cri) No. 66 Of 2010 & Etc., | 29-07-2011

1. In continuation of our earlier orders dated 29th April 2011, and 6th May, 2011, we are of the view that mining operations and transportation in an area ad-measuring approximately 10,868 hectares in Bellary District be immediately suspended till further orders. We are satisfied that, on account of over-exploitation, considerable damage has been done to the environment. We are taking a holistic view of the matter. We have suspended these operations keeping in mind the precautionary principle, which is the essence of Article 21 of the Constitution. [See M.C. Mehta v. Union of India & Ors., reported in 2009 (6) SCC 142 [LQ/SC/2009/1231] : (AIR 2009 SC (Supp) 353 : 2009 AIR SCW 3227)].

2. The matter shall stand over for one week.

3. In the meantime, we direct Ministry of Environment and Forest [‘MoEF’, for short] to submit an interim Report indicating what is the requirement of Steel Industry in India as far as iron ore is concerned. Secondly, out of the total requirement of the Steel Industry in the Country, how much is met by the Bellary mines. Lastly, how much of the quantity of iron ore is domestically required and internationally exported The MoEF will obtain this requisite information from the Ministries of Mines, Steel and Commerce.

4. The Secretary, MoEF, will immediately convene a meeting of the Secretaries of the concerned Ministries and furnish a Report within a week.

5. We further direct CEC to submit a Report on Environment Impact Assessment on account of mining in Tumkur and Chitradurga Districts within a period of three weeks.

6. Affidavits filed by parties are taken on record.

Advocate List
Bench
  • HON'BLE CHIEF JUSTICE MR. S.H. KAPADIA
  • HON'BLE MR. JUSTICE AFTAB ALAM
  • HON'BLE MR. JUSTICE SWATANTER KUMAR
Eq Citations
  • 2011 (8) SCALE 127
  • (2011) 12 SCC 491
  • LQ/SC/2011/986
Head Note

Constitution of India — Arts. 21, 48-A and 51-A(g) — Precautionary principle — Mining operations and transportation in an area admeasuring approximately 10868 hectares in Bellary District, directed to be immediately suspended till further orders, keeping in mind the precautionary principle which is the essence of Art. 21 (Para 1)