In the light of the Supreme Court order given hearing the illegal mining case in Odisha, the State Government is set to send fresh notices to iron ore miners found in unconformity with the set environmental and forest statutes and exceeding permissible limit.
It is learnt that the notices with redone demand would be dispatched to as many as 10 firms by the forthcoming week as the recalculation exercise has reached to the last stage.
“We have taken steps immediately after the order and directed the concerned District Mining Officers along with DCs to calculate the penalties afresh. Within a week time we are expecting the notices to be sent to the mining firms operating in the State and have done mining illegally,” Mines Commissioner Aboobacker Siddique told The Pioneer on Thursday.
As per the earlier calculation done based on the MB Shah Commission's figures and formula set for recovery, demand in the tune of Rs 7,598 crore was made from the Jharkhand-based companies. Mostly confined to West Singhbhum, the list of iron ore mining defaulters included from Government-owned SAIl to private majors Rungta Mines, Usha Martin, Adhunik and Shah Brothers.
On being contacted to know their preparations in the light of changed scenario, an official looking after mining matters for SAIl said that the steel major is awaiting for the fresh demand to be raised.
“let us receive the demand from the Government first. We would study and calculate the penalty leveled and then decide whether to challenge it in competent tribunal. The Supreme Court has also changed the criteria and benchmarks for calculating the fine. We have to take all those into consideration,” said he.
Out of Rs 7,598 crore, SAIl owed Rs 3,470 crore while Shah Brothers had to pay Rs 1,365 crore besides the others. However, the calculation was done taking 1994-1995 as base year whereas the recent order of the apex court brought it down from 2000-01 and till date.
While the interest portion levied earlier has been written off but no compromise has been made on the quantum of compensation. 100 per cent of the illegally excavated ore is to be realised from any defaulting lessee which is way ahead than 30 per cent what was recommended by the Supreme Court-appointed Central Empowered Committee before.
“We are readying the demand and most likely by the next week would send it to the companies for their action. The demand papers are being prepared mine-wise and taking into consideration the access ore excavated done since 2000-01 by violating environmental and forest conservation laws,” said Kamleshwari Das, Deputy Director of Mines of Chaibasa; the home of the world largest iron ore deposits in Saranda area.
Nonetheless, insiders are of the view that the companies would again knock tribunal doors following the demand raise. “Various petitions are pending with the tribunal and a hearing took place on Wednesday itself. The stays put in place to recover the earlier demand may be vacated after the Supreme Court order but they are most likely to move with fresh petitions citing basis of calculations made and various other technicalities once the notices are served,” said an official of the Department.
The Supreme Court had on August 2 disposed of the writ petition filed by Common Cause in a case of illegal mining in Odisha and set deadline of December 31, 2017 to recover the entire penalty from the violators.
The ruling has its bearings all across the country against the mining done over and above the permissible limits and by overriding the conditions of the Environment (Protection) Act, 1986. The excessive productions are considered illegal as per Section 21 (5) of Mines and Mineral Development and Regulation (MMDR) Act 1957.