SAMAJ PARIVARTANA SAMUDAYA & ORS. versus STATE OF KARANATAKA & ORS.

Citation: [2013] 6 S.C.R. 810 · Decided: 18-04-2013 · Supreme Court of India · Bench: AFTAB ALAM · Disposal: Disposed off
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Judgment (excerpt)

[2013] 6 S.C.R. 810 
A 
SAMAJ PARIVARTANA SAMUDAYA & ORS. 
B 
c 
v. 
STATE OF KARANATAKA & ORS. 
(Writ Petition (CIVIL) No. 562 of 2009 etc.) 
APRIL 18, 2013 
[AFTAB ALAM, K.S. RADHAKRISHNAN AND 
RANJAN GOGOi, JJ.] 
Environment Protection and Pollution Control: 
Forest - Illegal mining in forest area of Karnataka and 
Andhra Pradesh - PIL - Court appointed Central Powered 
Committee (CEC) in its report indicating illegal mining- Joint 
Team constituted by Court, determined boundaries of 
0 concerned 166 mining leases - CEC in its final report 
recommended categorization of mines into 3 categories viz. 
A, B and C on the basis of extent of encroachment of mining 
pits and overburden dumps - CEC recommended resumption 
of A and B category mines subject to certain conditions and 
E closure of category C mines - The credibility of CEC, sanctity 
of the process of survey undertaken by Joint Team and 
acceptability of recommendations of CEC were questioned -
Held: Credibility of CEC cannot be questioned - The body 
is performing its tasks as per the directions of the Court - The 
credibility of the survey conducted by the Joint Team under 
F the orders of the Court, also cannot be questioned -
The 
categorization of leases done by CEC, is reasonable and 
hence acceptable - Embargo placed by the Court on grant 
of fresh mining licences is lifted - Operation of the leases, 
located on or near the inter-State boundary of Kamataka and 
G Andhra Pradesh, is suspended until the boundary issue is 
resolved - Investigations in respect of alleged criminal 
offences by lessees to be brought to its logical conclusion -
Mines and Minerals Act, 1957 - Forest Conservation Act, 
1980 - Environment (Protection) Act, 1986. 
H 
810 
SAMAJ PARIVARTANA SAMUDAYA & ORS. v. 
811 
STATE OF KARANATAKA 
Constitution of India, 1950 : 
Articles 32 and 142 - Illegal mining - Causing large 
scale damage to forest wealth - Remedy u/Arts. 32 and 142 
-
Resort to -
Jn view of availability of remedies under 
provisions of relevant statutes - Held: Court can resort to 
constitutional jurisdiction to remedy the enormous wrong -
The relevant statutes would not be effective and efficacious 
A 
B 
to deal with extraordinary situations arisen on account of large 
scale 
illegalities 
in 
mining 
operations 
The 
recommendations of CEC, accepted by the Court does not 
come in conflict with the statutory provisions - Mines and C 
Minerals Act, 1957 - Forest (Conservation) Act, 1980 -
Environment (Protection) Act, 1986. 
Art.14 - Classification - Test of arbitrariness - Held: 
Arbitrariness in the adoption of a criteria for classification has 
D 
to be tested on the anvil of Art. 14 and not on the subjective 
notions of availability of a better basis of classification. 
Article 21 - Right to life - Enforcement of - Held: In 
enforcing such rights affecting large number of citizens, 
E 
supreme Court cannot be constrained by restraints of 
procedure. 
Words and Phrases - 'Mining operations' - Meaning of 
- In he context of Mines and Minerals Act. 
Justice U.L. Bhat Committee was appointed on the 
issue of indiscriminate mining in the State of Karnataka. 
Thereafter, the matter was referred to Lokayukta of the 
State, who in his report indicated indiscriminate mining 
in the Bellary District of the State. 
The petitioner filed the present PIL u/Art. 32 of the 
Constitution, seeking Court's intervention in the matter. 
The Court asked the Central Empowered Committee 
(CEC) to submit its report on the allegations of illegal 
F 
G 
H 
812 
SUPREME COURT REPORTS 
(2013] 6 S.C.R. 
A mining in the Bellary region of the State of Karnataka. The 
CEC, in its reports indicated large scale illegal mining. 
The Court by order dated 29.7.2011 imposed complete 
ban on mining in the Bellary district, and further by order 
dated 28.8.2011 in the districts of Tumkur and 
B Chitradurga. The Court constituted a Joint Team to 
determine the boundaries of initially 117 mining leases 
which subsequently extended to 166 mining leases. The 
survey conducted by the Joint Team was subjected to re-
examination by the Special Team, at the behest of the 
c lease-holders. CEC submitted its final report dated 
3.2.2012 recommending for categorization of the mines 
into three categories i.e. 'A', 'B' and 'C' on the basis of 
the extent of encroachment in respect of he mining pits 
and over burden dumps determined in terms of 
0 percentage qua the total lease area. It also recommended 
conditions su
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