The Supreme Court-appointed Central Empowered Committee (CEC), which submitted its final report on illegal mining in Odisha to the apex court on Friday, has exposed the involvement of senior officials of the State Government in the multi-crore mining scam, but, as anticipated, stopped short of recommending a CBI inquiry.
"The senior officers of the State Government from the Chief Secretary downwards cannot escape responsibility for such wholesale and brazen violation of the Acts, Rules and guidelines and the directions of this Hon'ble Court," said the CEC in its report, adding, "This also points towards lax governance."
The report said it is most disturbing to note that the entire production without or in excess of the statutory approvals was transported under the Transit Permits issued by the concerned officers of the State Government and that too after payment of royalty at the applicable rates.
The CEC also criticised the State Government over the production of iron ore and manganese without environment clearance or beyond the period of environment clearance in the mining leases.
During the years 2000-01 to 2010-11, a total quantity of 2,130.988 lakh MT of iron and 24.129 lakh MT of manganese were produced without environmental clearance or beyond environmental clearance in the State.
During the period from 2000-01 to 2010-11, each of the 14 lessees produced more than 50 lakh MT of iron and manganese without or in excess of environmental clearances.
The 14 lessees, who produced above 50 lakh MT of iron and or manganese without or in excess of the environmental clearances, include the State Government undertaking OMC, Government of India undertaking BPME ltd and companies belonging to some of the well-known corporate groups such as Tata Group and Aditya Birla Group. The 14 lessees account for 72.83 per cent and 57.86 per cent, respectively, of such production of iron ore and manganese, said the report.
Each of nine lessees produced 25 lakh MT to 50 lakh MT of iron and manganese without or in excess of the environmental clearances. Each of 13 lessees produced 10 lakh MT to 25 lakh MT of iron and manganese without or in excess of environmental clearances. Each of 36 lessees produced up to 10 lakh MT of iron and manganese without or in excess of environmental clearances, and there are only nine lessees who did not produce any iron or manganese without or in excess of the environmental clearances. The leases of such lessees were either not operating during the above period or the lease area was less than five hectares and, therefore, did not require environmental clearance, said the report.
The CEC, however, said that since the Odisha Government has taken steps from the year 2011-12 onwards, it may be appropriate that 30 per cent of the notional value of the iron and manganese produced by each of the lessees without or in excess of the environmental clearances should be recovered from the concerned lessees with an explicit understanding that the concerned lessee as well as the officers would continue to be liable for action under the provisions of the respective Acts.
The compensation may be directed to be paid within a period of three months, said the CEC.
"This Hon'ble Court may consider directing that in respect of the lessees who fail to file the affidavit and or who do not deposit the compensation within the prescribed time period, (a) the mining operations in their mining leases will be suspended / continue to remain suspended and (b) such leases should be determined and thereafter will be disposed of / assigned through a transparent process to the highest bidder," said the report.