SAMAJ PARIVARTANA SAMUDAYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Two related and connected issues have arisen for determination in the present interlocutory applications.

(2.) The first is with regard to the objection of the mining lessees to continue to pay 10% of the sale proceeds of mining to the Monitoring Committee for eventual transfer to the Special Purpose Vehicle ("SPV" for short) that has since been constituted to implement the Comprehensive Environment Plan for the Mining Impact Zone ("CEPMIZ" for short and hereinafter referred to as 'the scheme') in the Districts of Bellary, Chitradurga and Tumkur of the State of Karnataka. For the present, it will be sufficient to notice that this Court by its orders passed from time to time had directed the setting up of a Special Purpose Vehicle for the purpose of execution of ameliorative and mitigative works/measures to deal with the large scale degradation of the environment that had occurred due to the unprecedented illegal mining that had taken place in the mining leases operating in the aforesaid three districts at the relevant point of time. This Court had, from time to time, directed preparation of a scheme outlining all the details of the works required to be undertaken; the process of implementation of the same by implementing agencies; accounting procedures etc. and for submission of the same to this Court in consultation with the Central Empowered Committee ("CEC" for short). This Court was also of the view that the funds for the SPV to enable ameliorative and mitigative measures to be undertaken, as per the CEPMIZ to be prepared, would primarily come from (a) 10% of the sale proceeds of the minerals; (b) compensation for illegal mining etc.; and (c) other receivables by the Monitoring Committee to be directed to be transferred to the SPV from time to time.

(3.) The various orders passed by this Court from time to time had received final approval of this Court in the judgment and order dated 18.4.2013 which finally terminated Writ Petition (C) No. 562 of 2009 titled "Samaj Parivartana Samudaya and Ors. v. State of Karnataka and Ors., 2013 (8) SCC 154