SC asks Orissa to implement CEC recommendations

The green bench of the Supreme Court today directed the Orissa government to implement the recommendations of the Central Empowered Committee (CEC), which are acceptable to it, immediately.

At the same time the Court expressed happiness over the willingness and readiness of the state government in accepting the recommendations. The direction of the court followed the submission made by the Orissa government that the CEC recommendations in general are acceptable to it. The court also allowed 6 weeks to the state for filing its detailed response after hearing the matter. It may be noted, the CEC submitted its interim report to the Supreme Court on 26 April 2010 with a set of recommendations pertaining to illegal mining activities in Orissa. The CEC had suggested that the Renewal Mining Lease (RML) cases, which are pending with the state government for long time, should be disposed of expeditiously in a time bound manner. Deemed extension clauses should only be used in contingency situation and can’t be availed indefinitely.

It also suggested that the mining in non-forest areas can be allowed only after obtaining the environmental and other statutory clearances by the lease holder.

Similarly, it said, the lessees, both in case of Renewal Mining Lease (RML) and Mining Lease (ML), would have to pay the Net Present Value (NPV) of the trees in the forest land for the entire lease area as per the Supreme Court direction of 2002 and not for a portion of the lease land they are working on. Since continuing mining over a long period without renewal of mining lease becomes a potential source of irregularity, CEC suggested it to be decided in a time bound manner, which the state government has accepted.

CEC further pointed out that apart from the payment of NPV for mining operations, the mining plan needs to be approved by the competent authority.

Similarly, for the forest areas identified by District Level Committees, mining can be taken up only in the broken up portion of the land subject to payment of NPV for the entire DLC forest area.

However, mining in un-broken (virgin) land can be allowed only after all the statutory clearances are obtained and NPV is paid. Meanwhile, Mahanadi Coalfields Ltd (MCL), which was given one year time to obtain forest clearances for it mines, has been asked to deposit NPV immediately.

Besides, 50 percent of the NPV collected would be spent by the Special Purpose Vehicle (SPV) to be formed for the development of the local area. The suggestions of the state government would be placed before CEC in this regard.

It may be noted, the Supreme Court had referred the issue of illegal mining in Orissa, on which a petition was filed in the court, to CEC. The CEC had detailed meetings with the representatives of state government and the petitioner before submitting its interim report to the Apex court.

As directed by CEC, the Orissa government had placed all detailed information pertaining to the working and non-working mines in the state.