SC Seeks MoEF’s Views As Mines Ministry Refuses Cap On Iron Ore Mining In Odisha

New Delhi: The Supreme Court has asked the Ministry of Environment and Forests (MoEF) to give its views on whether iron ore mining in Odisha can be capped, keeping sustainable development and intergenerational equity in mind.

A three-judge bench headed by Chief Justice of India DY Chandrachud asked the Environment Ministry’s views after going through the affidavit filed by the Ministry of Mines in response to its earlier query whether any cap can be put on mining as the state had limited iron ore reserves.

The Union Mines Ministry has told the top court that capping the production of iron ore in Odisha was not warranted and putting a cap on mining a mineral in a particular state rich in it will jeopardise economic development of the nation. “It may be inferred that Odisha was the backbone of iron ore production in India and it contributes more than half of the total production of the mineral in the country. Therefore, any capping on iron ore production in Odisha would adversely impact the supply of iron ore to downstream industries,” it said while referring to the iron ore production data from the year 2000-01 till 2022-23.

“We want the view of the Ministry of Environment, Forest and Climate Change (MoEFCC). This ministry is the expert body and it can tell us about the impact of the iron ore mining on the environment and the concept of intergenerational equity,” the bench said.

The order was passed while hearing a petition filed by Common Cause, an NGO, which sought a cap on iron ore mining as reserves in Odisha are fast depleting and will get exhausted in another two decades.

Additional Solicitor General Aishwarya Bhati told the bench that an affidavit will be filed at the earliest and said, “It is a comprehensive view of India and environmental aspects have been looked into.”

At this, the bench said, “The environmental aspect has not been considered at all here. Mining in Goa and Karnataka has been capped. Now we have to see if it is needed in Odisha. The Environmental Ministry has to independently administer. Let the Ministry of Environment file an independent reply.”

The bench also directed the Odisha government to file a fresh affidavit in four weeks with details of dues recovered from defaulter mining firms held guilty of violating norms in the state, after the last order passed on August 14 and slated the hearing for February 2024.

The state has also been asked to provide the details of properties of mining firms which were attached for recovering the dues.

Advocate Rakesh Dwivedi, who was appearing for Odisha, had told the court that the state government recovered a substantial amount in fines from the defaulting mining firms but Rs 2,622 crores was yet to be collected from them. While stating that Rs 2,215 crore compensation was to be recovered from five lessee mining firms alone, he had said and assured the court that the government would take steps to ensure expeditious recovery of the outstanding dues.