OVER 150 ORISSA FIRMS TAKEN TO TASK, DECEMBER DEADLINE FOR PAYMENT OF PENALTY
Bhubaneswar/New Delhi: In a major blow to the mining companies involved in illegal operations in Orissa, the Supreme Court Wednesday imposed a 100 per cent penalty on mining lease-holders operating without necessary clearances in the state. A two-member apex court bench comprising Justice Madan B. Lokur and Justice Deepak Gupta asked the companies, which have been served the demand notice by the Orissa government, to deposit the dues on or before December 31.
The state government had imposed an about `60,000crore penalty on several mines for illegal mining between 2000 and 2010.
The Central Empowered Committee appointed by the apex court has recommended that at least 30 per cent notional value may be realised from the mining companies. “The amounts determined as dues from all the mining lease-holders should be deposited by them on or before December 31, 2017. Subject to and only after being in compliance with statutory requirements and full payment of compensation and other dues, can the mining lease holders re-start their mining operations,” the court said.
The court’s direction came on the basis of a Public Interest Litigation filed by the watchdog group Common Cause, which demanded action against lessees that had been pointed out as ones violating law by Justice M.B. Shah Commission on illegal mining.
The bench also refrained from ordering a CBI inquiry into the mining scam in Orissa. 
It suggested formation of an expert committee headed by a retired Supreme Court judge to look into the factors that made rampant illegal mining possible in Orissa and elsewhere. “For now, we do not propose to direct an investigation or inquiry by the CBI for the reason that what is of immediate concern is to learn lessons from the past so that rapacious mining operations are not repeated in any other part of the country.”
“This can be achieved through the identification of lapses and finding solutions to the problems that are faced,” said the court. The court also directed the Centre to have a fresh look at the National Mineral Policy, 2008, and complete the exercise by December 31.
The Orissa government has maintained that it would realise penalty from the lease- holders for excess mining after taking legal opinion on the Supreme Court order. “We had imposed a fine on the excess production of minerals for mining beyond the approved limit. The court has ordered a 100 per cent fine, and we have to examine the court order. We will seek legal opinion. We would recover the amount from the mining companies by December 31,” said mines director Deepak Mohanty.
He, however, did not specify the amount to be realised from the lessees. The department may revisit the demand notice sent to the mining companies after legal consultations, he said. Reacting to the court order, eastern zonal mining association (EZMA) general secretary Prabodh Mohanty said, “Since 102 out of 187 mines are closed, the lease-holders are not in a position to pay the penalty to the state government. “We are examining the court order. If required, we may move the Supreme Court and file a review petition in this regard,” he said.
Indo-Asian News Service
