Delhi-based NGO, Common Cause, will press the Supreme Court to see that the Central Empowered Committee (CEC), which is examining the illegal iron ore mining in Odisha, looks at all illegalities by mining companies and not merely environmental violations.

Earlier, the Supreme Court, which had appointed the CEC to examine all questions raised in the Justice MB Shah Commission report, had modified its order restricting the scope of the panel to only environmental issues.

The public interest litigation filed for the NGO by lawyer activist Prashant Bhushan was also largely based on the Shah Commission report. The petition of Common Cause alleges that the mineral extraction industry in Odisha is beneficial to only a few private individuals and companies at the cost of the larger local community.

“Our petition is against the illegal mining and loot of natural resources on a large scale in Odisha. Therefore, in the Supreme Court we would raise all cases involving illegalities committed by mining companies and also the failure of the Government to penalise them, irrespective of the fact whether they find mention in the forthcoming CEC report or not,” said Pranav Sachdeva, part of Bhushan’s team handling the case.

The CEC is expected to submit its report sometime soon.

Simultaneously, the Odisha Government has also been asked to submit a report on allegations made in the PIL.

The NGO’s PIL alleges that there has been “a complete disregard and contempt for law and lawful authorities on the part of many among the emerging breed of entrepreneurs taking undue advantage of the country’s natural non-renewable assets….”

Worst-hit districts

It quotes the Shah Commission report and states that ₹59,203-crore of illegal mining has taken place in Odisha with Keonjhar being one of two worst affected districts. Keonjhar district where a large portion of Thakurani A and B mines operated by JSPL and Sarda Mines respectively, are located. The two mines are in the eye of the storm as questions have been raised on the nature of relation between the two companies. Not only does the Mines and Minerals Development and Regulation Act, 1957 prohibit sub-letting of mining lease, it also prohibits sub-letting of land to third parties for construction of any related structure. In its findings, the Shah Commission pointed out that the relation between Sarda Mines and JSPL is not a coincidence but a “well planned move” by Sarda Mines, JSPL and the State Government to acquire the lease for the Thakurani A and B mining region.

Sarda Mines is jointly held by Sarda Merchandise and Sarda Heights and Dales, with only one per cent of the shares held by 13 members of the Sarda family. According to the filings with the Ministry of Corporate Affairs, Sarda Merchandise’s shareholders are Minerals Management Services, Azad Bhura, Vikas Sharma, Rajeev Jain, Jagran Agents, PC Mittal, Jitentra K Shahi, Arjun Saraswat and Binod Bihari Sahu.

Shareholders of Sarda Heights and Dales include Azad Bhura, Vikas Sharma, Vineet Jain, Shyam Lal Agarwal, Sandeep Sarda, Jitendra K Shahi, Arjun Saraswat and Hridya Nand Singh.

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