No illegal mining in state, Odisha tells CEC

CEC had asked for detailed information on mining leases in a letter to Odisha chief secretary J K Mohapatra

Clearing the air on illegal mining, the Odisha government today informed the Supreme Court appointed central empowered committee (CEC) that all working mines in the state were operating with statutory approvals.

“The CEC had called for detailed information on mining leases, especially the ones on iron ore and manganese. The empowered committee wanted to know if these mines were functioning with the necessary statutory approvals. In today’s hearing that was also attended by representatives of leaseholders, we have furnished detailed information on status of the mining leases. Also, we have stated that all working mines are operating with statutory clearances,” state chief secretary J K Mohapatra said after the CEC meeting.

The CEC had asked for a detailed information on the mining leases to Odisha chief secretary J K Mohapatra, in a letter dated April 21.

BJD MP and senior Supreme Court counsel Pinaki Mishra ruled out the possibility of mining in Odisha to go either the Karnataka or Goa way, stating maximum efforts have been made in the last five to seven years to clean up the mining operations.

“Odisha is not like Karnataka or Goa. Every single mine in Odisha. which is operating, has environment clearance, forest clearance and consent to operate. Not a single case of illegality has been found in the state. The PIL (public interest litigation) filed in connection with illegal mining is completely frivolous,” said Mishra.

“Both the state government and the lessees have furnished all material to the CEC. I am sure the CEC will give a report which will satisfy the Supreme Court,” he added.

The CEC will submit the report on April 26 to the apex court where the next hearing is fixed for April 28.

The committee wished to know from the Odisha government the factual position of mining lessees that have obtained approval under Forest (Conservation) Act, 1980 and secured environment clearance. Also, the state government furnished a list of such leases that are devoid of such statutory clearances.

The CEC had called for information on mining leases operating within one km radius of national parks and wildlife sanctuaries and those leases that were running under the directions of the Supreme Court or the Odisha High Court.

In its report on illegal mining in Odisha in April 2010, the CEC had held that mining activities were going on in a large number of mines in the state without the requisite approvals under Forest (Conservation) Act-1980, environmental clearances and air & water Acts. The mining activities also exceeded production limit as approved under the Mining Plans.

The CEC report pointed out the misuse of ‘deemed extension’ clause in Odisha under Rules 24-A (6) of Mineral Concession Rules-1960.

Organised illegal mining is taking place with the active support of the state government and has resulted in the breakdown of the constitutional machinery, the CEC report stated.

While the CEC had acknowledged corrective steps taken rather belatedly by the state government, it had drawn the government’s attention to deal with serious shortcomings on a priority basis to ensure strict compliance with provisions of Forest (Conservation) Act-1980, Environment Protection Act and other statutory requirement.