In Brief
Common Cause filed writ petitions challenging massive illegal mining of iron and manganese ore in Odisha's Keonjhar, Sundergarh and Mayurbhanj districts. The Supreme Court, based on a Central Empowered Committee report, held that illegal mining includes not only extraction outside lease boundaries but also excess production within leases without environmental/forest clearance or exceeding approved limits. The Court ruled that 100% compensation (not 30% or 70%) must be recovered under Section 21(5) MMDR Act from defaulting lessees, payable from 2000-01 for environmental violations and from 7 January 1998 for forest violations. Environmental clearance cannot be granted retrospectively. Renewal of pre-1994 leases requires fresh clearance. The Court directed revisiting the National Mineral Policy 2008 to address conservation concerns and intergenerational equity.
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