T.N. GODAVARMAN THLRUMULPAD versus UNION OF INDIA & ORS.

Citation: [2006] SUPP. 10 S.C.R. 1171 · Decided: 15-12-2006 · Supreme Court of India · Bench: Y.K. SABHARWAL · Disposal: Disposed off

Judgment (excerpt)

T.N. GODA YARMAN THlRUMULPAD 
A 
v. 
UNION OF INDIA & ORS. 
DECEMBER 15, 2006 
[Y.K. SABHARWAL, CJI, DR. ARIJIT PASAY AT AND S.H. KAPADIA, JJ.] B 
Mineral Conservation & Development Rules, 1988: 
Mine closure plan of Kudremukh iron and Ore Company Limited -
Suggestions and recommendations of /JT, Delhi considered-Directions issued C 
to /IT, Delhi and Ministry of Mines, Government of India-Environment and 
ecology-Preservation of 
On the question whether functioning of Kudremukh Iron and Ore 
Company Limited (KIOCL) was having any adverse effect on the environment D 
and ecosystem, this Court had earlier directed that mining may be allowed 
till the end of 2005 by which time the weathered secondary ore available in 
the already broken area should get exhausted, and the modalities as to how 
these have to be worked out shall be done in the manner recommended by the 
Committee. 
In IAs to this Court, KIOCL contended thzt the Court had permitted 
mining of the weathered secondary ore in the already broken up area till the 
end of2005, as this Court expected that the weathered ore would be exhausted, 
E 
but in reality, about 20 million tons of weathered ore are still available in 
already broken up area. This should be permitted to be used as it is likely to 
generate revenue of about rupees 25 crores per annum. If this is permitted, F 
nearly rupees 300 crores would be available to the Kudremukh Authority for 
Eco Restoration Fund which would bring about dramatic change in the eco-
system of the Kudremukh National Park. Amicus Curiae has submitted that 
this Court clearly directed closure of mining operation by the end of 2005, 
time was not given for running the mines for profit, but as a winding down G 
period at the end of which mining should have been closed; the operations 
during the period had to be under the supervision of the Monitoring Committee 
which in tum function under the supervision of Central Empowered Committee 
and that KIOCL wanted to continue mining of8 to 9 lakh tonnes of ore. IIT 
1171 
H 
A 
1172 
SUPREME COURT REPORTS [2006] SUPP. IO S.C.R. 
A was appointed to give its view and this Court considered its reports. 
Disposing of the IAs, the Court 
HELD: 1. It has been found that KIOCL has used the concerned period 
for carrying on commercial operations without taking necessary steps for 
B )\finding down operations. On 10th May, 2006 an affidavit was filed by KIOCL 
takjng the stand that there was likelihood of serious pollution of Bhadra river 
if KIOCL was not allowed to do the operations for the purpose of avoiding 
pollution. IIT, Delhi did not consider the exercise necessary. It has been 
pointed out contrary to what KIOCL thought to be inevitable, there was no 
c 
damage whatsoever despite heavy monsoon. The IIT, Delhi in its report has 
observed that the solution has to be found by experts and the heart-beat of 
that solution is the stability of the slopes involving "no or minimal disturbance 
to the unbroken area". At various times, petitions have been filed practically 
with a view to undo what had been definitely held to be imperative by this Court. 
(1175-E-Hi 
D 
2. In this background and keeping in view the suggestions and 
recommendations of IIT, which are founded on rational basis, following 
directions are issued: 
(i) On the basis of the report dated 10.04.2006 of llT Delhi through a 
E Global Competitive Bid an Agency to be selected for: (a) re-analysing the 
stability of slopes (b) drawing up of mine closure plan and ( c) implementation 
of the above plan; (ii) IIT Delhi shall draw up detailed terms for the work to 
be done, consistent with the basic paradigm of"no or minimal disturbance to 
unbroken area" arid submit to this Court within a period of four weeks for 
further ·directions; (iii) The Ministry of Mines, Government of India, shall 
f 
F designate an officer to take over possession of the mines immediately. HT 
Delhi shall depute a team of experts to go and do a survey of the mines and 
the surrounding area and submit a report to this Court regarding any 
immediate step(s) that need to be taken during the interregnum till the 
appointment of the expert agency. HT Delhi can ask the designated officer to 
G take any necessary steps on an emergent basis; (iv) The expenditure for the 
purpose of inviting global competitive bid.and evaluation such as on 
advertisement etc. may initially be met out ofRs.19 crores deposited by the 
KIOCL, and which are presently lying with 

Excerpt shown. Read the full judgment & AI analysis in Lexace.