New Delhi: Expressing displeasure over the “illegal mining” of minerals by some firms in Odisha under the garb of “status quo” orders, the Supreme Court on Monday directed the Orissa High Court to decide and dispose of all such matters in six months.
These firms are continuing with the “illegal excavation” of minerals without obtaining forest clearance (FCs) from authorities on grounds that the high court has passed the status quo orders with regard to the dispute.
“How can the mining be continued without getting forest clearance (from authorities) under the garb of a status quo order from the high court?” a vacation bench of Justices MR Shah and Aniruddha Bose questioned while hearing an appeal by M/s Balasore Alloys Ltd of Odisha against the high court’s refusal to extend the interim order of status quo.
The top court maintained that excavation without forest clearance is illegal. “You cannot be permitted to continue with the excavation or extraction of minerals without the forest clearance. It is unfortunate that high courts are passing such orders of status quo and permitting the continuance of mining work,” the bench said.
“It’s not in dispute that the petitioner is not having forest clearance at this stage. Merely because the application for forest clearance is pending cannot be treated as having obtained forest clearance permitting the petitioner to carry out excavation activity of mining. Under the guise of the order of status quo, the petitioner who does not have clearance cannot be allowed to carry on the mining activity. The HC has rightly not extended the order of the status quo. Before parting with the order, we request the HC to decide and dispose of all the matters where the order of status quo is continuing in mining activity within the period of 6 months from today. The SLP is dismissed as withdrawn. The registry is directed to communicate this order to the CJ of HC forthwith,” the bench said in its order.
