Mining case: SC voices displeasure over manner in which Odisha proceeding for recovery of dues

New Delhi, Oct 29 (PTI) The Supreme Court on Wednesday expressed "utter displeasure" at the mode and manner in which the Odisha government is proceeding for recovery of dues from the defaulting lessees which had violated the mining norms. A bench of Justices Dipankar Datta and Augustine George Masih told the counsel appearing for Odisha that it is for the state to ensure that the government revenue is not evaded.

Advocate Prashant Bhushan appeared for the petitioner on whose plea the apex court had earlier passed several orders in the matter concerning illegal mining.

Bhushan said the issue relates to recovery of dues, which runs into crores of rupees, from mining firms and the top court had passed several orders asking the state to recover the money.

He said Odisha has recently filed a status report which revealed that "effectively they are just dilly-dallying".

"What are the steps you are taking?" the bench asked the state's advocate general.

The advocate general requested the bench to grant him some time so that he could have a meeting with the chief secretary and other concerned on the issue. "Grant us a reasonable time. Whatever legal steps are required to be taken, I will ensure that they are taken," he said.

One of the lawyers appearing in the matter said that as per the apex court's August 2017 judgement, the due from the mining lease holders should have been deposited by December 31, 2017.

The bench noted the advocate general's submission that he would ensure that concrete steps be taken against the defaulting lessees for recovery of dues as far as possible.

"We express utter displeasure at the mode and manner in which the state of Odisha has been proceeding for recovery of the dues from the defaulting lessees," the bench said.

It granted time till December 1 to the state to file a better status report in the matter and posted it for hearing on December 3.

In its affidavit filed in the court, the state has apprised the bench about the status of the recovery process initiated by it together with the outcome of proceedings which were initiated and the status of those cases where recovery orders were set aside by the Odisha High Court.

"Periodical follow up is done in respect of the action contemplated to be taken against the defaulting lessees and earnest effort is being made to recover the amount as demanded as compensation," the affidavit said.

While hearing the matter in November last year, the apex court had noted that as per a February 7, 2024 affidavit filed by the state, the amount recovered was stated to be Rs 2,745.77 crore, excluding interest.

The top court had earlier noted that its August 2017 judgement had directed the recovery of compensation under Section 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957 from leaseholders, who had unauthorisedly extracted mineral ore either without clearance or beyond the limit of production approved under the environment clearance and forest clearance on or before December 31, 2017.

The top court had delivered its 2017 verdict on a plea filed in 2014 raising the issue of illegal mining. PTI ABA ABA KVK KVK