LexCOMMON CAUSE versus UNION OF INDIA & ORS
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[2°'14) 7 S.C.R. 561 COMMON CAUSE v. UNION OF INDIA & ORS (Writ Petition (Civil) No. 114 of 2014) MAY 16, 2014. [A;K. PATNAlK, SURINDER SINGH NIJJAR, FAKKI~ . ' MOHAMED IBRAHIM KALIFULLA, JJ.] Mines and minerals: . ' Mines and Minerals (Development and Regulation) Act, 1957 - s. 8(3) - Mineral Concession Rules, 1960 - r. 24A(6) A 8 c ... - Illegal mining in State of Odisha - Writ petition - Several lessees operating without clearances under the 1986 Act and 0 . the 1980 Act, and without renewal by the Government- Interim order- Pursuant thereto, examination of the matter by Central Empowered Committee (CEC) - Submission of report by CEG as regards the mining leases which are operational, which were not having requisite environmental .:;f.9arances, which are suspended, rejected or lapsed, and those under first renewal and deemed renewal provision - Out of these 26 iron ore/manganese leases being operated as second and subsequent deemed renewals u/r. 24A(6) of the 1960 Rules without any express orders of renewal passed by the State Government - Held: Directions issued that the 26 leases . operating as second and subsequent renewals without any E F express orders of renewal passed by the State Government would not be allowed to operate by State Government until express orders are passed in terms of s.8(3) of the 1957 Act G - State Government directed to consider· all renewal applications and dispose them of within six months from today - State Government further directed to consider first the 561 H • 562 SUPREME COURT REPORTS [2014] 7 S.C.R. A renewal applications in respect of leases granted for captive mining for providing iron or manganese ore as raw material for industries and thereafter, the renewal applications in respect of the other leases - Environment (Protection) Act, B 1986 - Forest Conservation Act, 1980. Goa Foundation Vs .. Union of India Writ Petition (C) No. 435 of 2012 dated 21.4.2014-referred to . . CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 0 114 of 2014. Under Article 32 of the Constitution of India. K. V. Vishwanathan, Rakesh Kumar Khanna, ASG., Dr. Abhishek Man Singhvi, Mukul Rohtagi, Pinaki Mishra, F. S. D Nariman,Gopal Jain, Gopal Subramanium, Ashok Parija, K. K. Venugopal, Manas Mahapatra, P.P. Rao, Ajit Kumar Sinha, Anil B. Dewan, Raj Panjawani, Prashant Bhushan, Ramesh K. Mishra, Shyam Singh Chauhan, Ramesh Singh, R.M. Patnaik, E Kedar Nath Tripathi, Sunil K. Jain, Madhur Jain, Jagmohan Sharma, Rajat Jeriwal, Aakash Bajaj, Sanjeev Kumar, R.N. Karanjawala, Manik Karanjawala, Nandini Gore, Devina Sehgal; Tahira Karanjawala, Neha Khandelwal (for Karanjawal & Co.,) Anand Varma, ·P. M. Patnaik, Shiv Mangal Sharma, F :Nishit Agrawal, Shrey K.aRoor (For AURA & Co.,) D. L. G. H Chidananda, Seema Rao, Mohit Nagar, Syed Tanweer Ahmad, Sudarshan Singh Rawat, D.S. Mahta, Tanveer Ahmad, Sukhbeer Kaur Bajwa, Kirlt Renu Mishra, Apurva Upmanyu, Dheeraj Nair for the Appearing Parties. The Order of the Court was delivered by A. K. PATNAIK, J. 1. This writ petition relates to mining in the State of Odisha. When the writ petition was heard on the preliminary point on 21.04.2014, we found from the averments COMMON CAUSE v. UNION OF INDIA 563 [A.K. PATNAIK, J.] in paragraph 14 of the writ petition that several le;;sees were A operating without clearances under the Environment (Protection) Act, 1986 and the Forest (Conservation) Act, 1980, and without renewal by .the Government and we were of the opinion that an. interim order needs to be passed in respect of the lessees who are operatin!J the leases in violation of the B law. On 21.04.2014, therefore, while issuing notice in the writ petition, we directed that the matter be listed on ~8.04.2014 for consideration of the Interim order that should be passed in the writ petitioh. On 21.04.2014, we also directed that the CEC, C . in the meanwhile, will make out a iist of such lessee.s who are operating the leases in violation of the law and granted liberty to the parties to produce t.heir papers before the CEC and directed that the State of Odisha and the Union of India will . cooperate with the CEC to prepare the list. D 2. Pursuant to the order passed on 21.04.2014, the cec . examined the matter during a meeting held on 24.04,2014 with ·the Chief Secretary, the Commissioner-cum-Secretary (Mines), the Principal Secretary (Forest), the Principal Chief Co
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