LexSAMAJ PARIVARTANA SAMUDAYA AND ORS. versus STATE OF KARNATAKA AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B C D E F G H 110 SUPREME COURT REPORTS [2022] 4 S.C.R. SAMAJ PARIVARTANA SAMUDAYA AND ORS. v. STATE OF KARNATAKA AND ORS. IA. No. 205/2014, IA No. 206/2014, IA No. 24335/2018, IA No. 98216/2020, IA No. 98219/2020, IA No.152631/2018, IA No.64798/ 2019 in IA No.152631, IA No. 61304/2019, IA No.97376/2019 in IA No. 24335/2018 and 152631/2018, IA No.61452/2020, IA No.17007/ 2021, IA No. 37678/2022 In (Writ Petition (Civil) No. 562 of 2009) MAY 20, 2022 [N. V. RAMANA, CJI, KRISHNA MURARI AND HIMA KOHLI, JJ.] Environmental Laws: Mines and Minerals – Iron Ore – Illegal Mining – Sale of iron ore extracted illegally in the districts of Bellary, Chitradurga and Tumkur of Karnatataka – Direction by this Court to sell the existing stock of iron ore extracted through illegal mining, through the process of e-auction conducted by the monitoring committee – Thereafter, numerous orders passed – Applicants then sought permission to sell the unsold stock of iron ore already excavated without resorting to process of e-auction and for the lifting the ban on export of iron ore/pellets from the said districts – Held: Records reveal that e-auction process have not borne any fruitful results and large stock of iron ore is lying unused – Earlier orders were passed on account of the rampant illegal mining that took place before the blanket ban was imposed – Accordingly, the sale of stock of iron ore through e-auction under the aegis of the monitoring committee was adopted as it was the transparent process – Ever since then, e-auction has been the only mode available – However, the situation prevalent in the region prior to 2011, has now changed – Additionally, the consecutive e-auctions conducted by the Monitoring Committee have been receiving a poor response – In view thereof, the restrictions placed on the manner of conducting the sale of iron ore and fixation of the sale price need to be removed [2022] 4 S.C.R. 110 110 A B C D E F G H 111 – Permission granted to the applicants to sell the already excavated iron ore stock-pile in the Districts, without having to resort to the process of e-auction – Permission also granted to export the iron ore and pellets manufactured from the iron ore produced from the mines situated in the State of Karnataka, in terms of the extant policy – As regards, the lifting of the ceiling limit for production of iron ore for mining leases in the Districts, it would be expedient to obtain an opinion from the Oversight Authority who would further take inputs from the stakeholders, including the CEC and the Monitoring Committee. T. N. Godavarman Thirumulpad v. Union of India (1997) 2 SCC 267 : [1996] 9 Suppl. SCR 982 – referred to. Case Law Reference [1996] 9 Suppl. SCR 982 referred to Para 1 CIVIL ORIGINAL JURISDICTION: IA. No. 205/2014, IA No. 206/2014, IA No. 24335/2018, IA No. 98216/2020, IA No. 98219/2020, IA No. 152631/2018, IA No. 64798/2019 in IA No. 152631, IA No.61304/ 2019, IA No.97376/2019 in IA No.24335/2018 and 152631/2018, IA No. 61452/2020, IA No.17007/2021, IA No. 37678/2022 in Writ Petition (Civil) No. 562 of 2009. Under Article 32 of The Constitution of India. Prashant Bhushan, Ms. Aparna Bhat, Advs. for the Petitioners. Tushar Mehta, SG K.M. Nataraj, ASG, Dushyant Dave, Mukul Rohatgi, C. A. Sundaram, Krishnan Venugopal Sr. Advs., P. S. Sudheer, Ms. Anne Mathew, Bharat Sood, Ms. Shruti Jose, Sarad Kumar Singhania, Rajat Nair, Rajesh K. Singh, R.R. Rajesh Pd., Shailesh Madiyal, T.S. Sabarish, Amrish Kumar, Pranay Ranjan, Raj Bahadur Yadav, Gurmeet Singh Makker, Jayant Mohan, Ms. Adya Shree Dutta, Ms. Uttara Babbar, Mrs. Kirti Renu Mishra, Rajat Jariwal, Saniya Mirani for M/S. Khaitan & Co., Snehasish Mukherjee, Yashraj Singh Deora, Sunil Dogra, Vivek Vishnoi, Abhishek Sharma, Vikas Mehta, M/S. Parekh & Co., Dinesh Kumar Garg, Prakash Kumar Singh, G. N. Reddy, Dr. Sushil Balwada, Chanchal Kumar Ganguli, Mrs. Vaijayanthi Girish, M/S. Lex Regis Law Offices, Ms. Ranjeeta Rohatgi, Rajeev Maheshwaranand Roy, Arvind Kumar Sharma, Kunal Verma, Rajesh Mahale, Sridhar Potaraju, SAMAJ PARIVARTANA SAMUDAYA AND ORS. v. STATE OF KARNATAKA AND ORS. A B C D E F G H 112 SUPREME COURT REPORTS [2022] 4 S.C.R. A. Raghunath, Anil Kumar Mishra-i, Ms. A. Sumathi, Chandra Prakash, Sudhanshu Prakash, Ms. Neha Jain, Vaibhav Sabharwal, Rajan Parmar, Prateek Samajpati, Samir Ali Khan, Mrs. Anil Katiyar, Mrs. Anjani Aiyagari, Ms. Manjula Gupta, Balaji Srinivasan, Shubhranshu Padhi, Senthil Jagadeesan, Adarsh Upadhyay, Merusag
Excerpt shown. Read the full judgment & AI analysis in Lexace.