CUTTACK: The Orissa High Court has modified its judgement in a PIL seeking optimum utilisation of mines in the state, directing the government to implement its earlier directions within three months.
A division bench comprising Chief Justice Harish Tandon and Justice MS Raman passed the order on February 10 while disposing of an interlocutory application filed by the petitioner Bhubaneswar-based Citizens’ Action Forum seeking clarification on the timeline for enforcement of the earlier ruling.
In its January 29 judgement, the court had directed the state to act under Rule 12(1)(ee) of the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016, to ensure scientific and sustainable mining through a central agency. The bench had observed that where lessees failed to meet minimum exploration and production requirements, the government cannot show an apathetic attitude in activating the process of law.
However, the petitioner later moved an application pointing out that no specific timeline had been fixed for implementation, raising apprehensions that the state might delay action. The plea highlighted stark discrepancies in production and utilisation in several operational mines.
Taking note of the concern, the bench observed that although it is within the government’s domain to take decisions under the Rules, delay could defeat the purpose of the order. “We appreciate the apprehension that in the event a timeline is not given, there is every possibility of being apathetic in taking a prompt and immediate decision,” the court said.
Accordingly, the bench modified its judgment, directing that it should be implemented within three months from the date of communication of the order and disposed of the interlocutory application.