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Supreme Court of India 2018-11-12 partly_allowed

Common Cause vs Union of India & Ors. (In Re: Sarda Mines Pvt. Ltd.)

Bench: 1 — Madan B. Lokur

In Brief

The Supreme Court considered whether Sarda Mines Pvt. Ltd. (SMPL) was authorized to extract iron ore lumps or raw ore (ROM) under its environmental clearance. The Court held that although the clearance unhappily used the term 'iron ore (lump)', it must be interpreted in context of the original 1999 permission and the Mines and Minerals Act—both referring only to mineral iron ore (ROM). Lumps are a by-product, not a separate category. The clearance granted no retrospective effect and operates only from its grant date (2004). SMPL's excess extraction beyond clearance limits constitutes illegal mining. The Court remitted the matter to quantify the illegal mining and impose penalties.

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