Panel raises order on Odisha Mining Corporation toeing SC illegal mine ruling

Raising several issues before grant of clearance for diversion of 1243.27 hectare of forest land for operation of the mineral block by the State owned company,
For representational purposes
For representational purposes

BHUBANESWAR: The Forest Advisory Committee of the Ministry of Environment, Forest and Climate Change has sought clarification from the State Government if the Supreme Court order on illegal mining is fully complied with by Odisha Mining Corporation (OMC) in case of Dubna-Sakradihi Iron and Manganese Ore mines in Keonjhar district.

Raising several issues before grant of clearance for diversion of 1243.27 hectare of forest land for operation of the mineral block by the State-owned company, the Forest Advisory Committee (FAC), a statutory body which considers questions on the diversion of forest land for non-forest uses, said the report submitted by the State Government is not clear on the apex court judgment on violation of forest conservation laws.

The FAC, which took up the application of OMC for diversion of forest land for operation of Dubna-Sakradihi mineral block at its meeting on January 23, said the Shah Commission inquiring into illegal mining in the State had reported that the leaseholder (OMC) was operating the two blocks, Sakradihi iron ore mine and Dubna manganese mine, in violation of FCA from 1989 and 1991 respectively.

However, the proposal submitted by the State for diversion of forest land said violation of FCA was considered from 1994-95 to 2006-07.

“It was observed during discussion with the State Government officials that violation of FC (forest conservation) has not been recorded in the inquiry report and no penalty has been imposed on user agency,” the FAC said.

It was further submitted by the State Government and the user agency that the lessee has paid compensation of Rs 71.89 crore as against Rs 57.56 crore raised against OMC as per the directive of the Supreme Court-appointed Central Empowered Committee (CEC) for excess production of mineral in violation of environmental clearance (EC).

“On perusal of record, it is not clear whether violation of the provision of FCA, 1980 was considered in the judgment passed by the Supreme Court in August 2017 on the writ petition Common Cause vs Union of India,” the FAC said. As per the order of the Supreme Court, the State Government had issued two demand notices to the errant miners. 

Panel raises order on OMC toeing SC mine ruling

While one order was for recovery of dues for excess production of ore beyond environment clearance (EC) limits, the other was for violations of FCA, Air & Water Acts and overproduction in violation of the limits set in the mining plan prescribed by Indian Bureau of Mines (IBM) and consent to operate granted by the State Pollution Control Board (SPCB). 

The two mineral blocks which were being operated by OMC till 2006 under deemed extension of mining lease provision without forest clearance were amalgamated in 2006. The operation of the mineral block has been suspended since then.

Under scanner

  • Forest Advisory Committee of the Ministry of Environment wants State to clarify whether the Supreme Court order on illegal mining is fully complied with by OMC in case of  Dubna-Sakradihi mines

  • 1243 ha forest land diversion for operation of the mineral block by OMC

  • Shah panel had reported that the OMC was operating the two blocks in violation of FCA

  • Rs 71.89 crore compensation paid against Rs 57.56 crore raised against OMC as per the directive of the Supreme Court, State claims

  • State Government issued two demand notices to errant miners

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