The division judge bench of hon’ble chief justice of India N.V Ramana, Justice Hima Kohli, and Justice C.T Ravikumar of the supreme court of India in the case of Samaj Parivartana Samudaya and ors V State of Karnataka and ors held that the conservation of ecology and the environment must go hand in hand with the spirit of economic progress, and a perfect balance between the two goals is still sought.
BRIEF FACTS
The factual matrix of the case is that the present hearing is the continuation of the previous hearing and in the present hearing the matter of considering the lifting/relaxation of the ceiling limit for the production of iron ore is to be discussed.
The learned counsel appearing on behalf of the petitioner contended that the ceiling limits were established in response to a previous CEC recommendation and a report by the learned Lokayukta, which showed that the rate of mining of iron ore in Karnataka was unsustainable and would result in the exhaustion of the state's iron ore deposits within 30 years. This would have a significant influence on the goal of intergenerational equity. Finally, he argued that because the learned Oversight Authority has requested additional information regarding infrastructure capacity before rendering an opinion on the practicality of lifting the ceiling limit, this Court should refrain from issuing any orders at this time.
The learned counsel appearing on behalf of the respondent contended that when the ceiling was first imposed, the court was confronted with a situation of illegal mining activity in Karnataka. This Court has now rectified the situation through a series of orders. As a result, all unlawful mining in the area has been ended, and many remedial actions have been implemented to rehabilitate the region's ecosystem and ecology. The counsel submits that the present mining lease holders, who are complying with all the laws, are being unfairly penalized for the illegalities that were committed a decade ago. Such ceiling limits have resulted in a discriminatory situation where mining lease holders in the State of Karnataka are governed by one legal regime, while those in other States of the country are governed by a completely different regime.
COURT’S OBSERVATION
After considering the facts and circumstances, the apex court is of the view that the situation that subsists in the state of Karnataka today, is not the same as had existed when the underlying petition was first taken up, or when the Court had passed the order in 2017, relaxing the ceiling limit to some extent. in 2017, the CEC had recommended a cumulative increase in the ceiling limit up to 5 MMT, whereas now, the CEC supports the view that the ceiling limit need not continue.
The court stated that the concerns of the original petitioner and the Monitoring Committee merit due consideration of this Court. Much good work has been done in the State of Karnataka, because of the action initiated by the original petitioner and the subsequent judicial interventions by this Court. In fact, it is this progress made steadily over the past decade that weighed with this Court to even consider the relief regarding raising the ceiling limit sought by the present applicants. The concerns raised by the original petitioner, of possible over-excavation and its adverse impact on intergenerational equity, must be balanced against the concerns of the other parties, as the principles of sustainable development also come into play. Further, the hon’ble court has generally accepted the recommendations of the CEC when it comes to the ceiling limit. In the present case, the CEC has recommended a complete relaxation of the ceiling limit. But the court is not inclined to allow the same in toto.
The top court held that the conservation of the ecology and the environment must go hand in hand with the spirit of economic development and the fine balance between the two goals is what is sought to be achieved even now.
CASE NAME- Samaj Parivartana Samudaya and ors V State of Karnataka and ors
CITATION- WRIT PETITION (CIVIL) NO. 562 OF 2009
DATED- 26.08.22
CORUM- Hon’ble Chief Justice of India N.V Ramana, Justice Hima Kohli, and Justice C.T Ravikumar
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