No CBI probe: SC accepts CEC Report on illegal iron ore mining in Chhattisgarh

The Supreme Court has accepted a Central Empowered Committee (CEC) Report on illegal iron ore mining in Kanker, Chhattisgarh. It noted that industrialist Anil Lunia had violated the law in carrying out mining in forest areas..In its judgment, a three-judge Bench of Justices Madan B Lokur, S Abdul Nazeer and Deepak Gupta held:.“We accept the Report of the CEC. From a reading of this Report of the CEC, it is apparent that Mr. Anil Lunia (the licensee) had flagrantly violated the law and had carried out mining in the forest areas. The affidavit of the State Government reveals that the State Government itself was alive to these violations and has taken necessary steps in the matter.”.As recommended by the CEC, the Court also directed that the confiscated iron-ore be sold by the State Government by inviting tenders..The Court said,.“It is clear from the records that the confiscated iron ore has been mined from the adjoining forest land. The authorities concerned are free to auction the aforesaid confiscated iron ore in accordance with law.“.The CEC, in its Report, had found that the mining operation in Kanker, Chhattisgarh was being run in blatant violation of the Environmental Laws in the country..It had, thus, recommended initiation of criminal proceedings against now-retired Collector, Kanker (Chhattisgarh) in relation to illegal iron ore mining in the area..Apart from pulling up the Collector, the Report suggested the recovery of the entire sale proceeds of the illegally extracted and transported iron ore by Chhattisgarh Government who would then deposit the amount “as compensation for its failure to enforce the law of the land”. This amount rests at Rs 6,66,75,633.75..The CEC in its inquiry found that although the iron ore mining in the area was reserved for Public Sector Undertakings, a mining license was extended to Punia as an exception by the State Government on the ground that the iron ore would be for captive consumption. However, the extracted iron ore was allowed to be sold..It was further discovered that the mining lease was granted without considering the report of the Forest Department and undertaking a filed verification. Subsequently, not only did the license holder engage in “illicit felling of trees” in the area but also mined iron ore in excess of the approved permissible annual production of 6,000 tonnes..Later, in spite of the report of a three-member Enquiry Committee set up by the Forest Department, which found that the mining lease area was in ‘an un-demarcated protected forest’, the Collector took no steps to stop the mining..At no stage did the Mining Department also object to any of these “brazen violations”..It was also found that till its closure, the mine operated without the requisite environmental clearance as envisaged under the Environmental Impact Assessment Notification issued by the Ministry of Environment and Forest..Since several State officials are already facing disciplinary proceedings by the State Government on account of professional misconduct, and the mining licensee was blacklisted by the State Government, pursuant to the Report, the Court ruled that a CBI inquiry into the matter would not be necessary..Read the judgment: