SC asks Odisha to request HC chief justice to assign mining dues cases to dedicated bench

New Delhi, Dec 10 (PTI) The Supreme Court on Wednesday granted liberty to the Odisha government to move an application before the high court's chief justice requesting to assign cases, where proceedings for recovery of dues from defaulting mining lessees are stayed, to a dedicated bench for final disposal.

A bench of Justices Dipankar Datta and Augustine George Masih was informed that several petitions are pending before the Orissa High Court in which orders passed in the recovery proceedings have been challenged and stay has been obtained.

"Since public revenue to a substantial extent is involved, we grant liberty to the state of Odisha to move an application before the chief justice of the Orissa High Court by December 19, 2025, with a request to assign all such petitions to a dedicated bench for final disposal within March 31, 2026," the bench said.

It said if the pleas are not decided finally by March 31, at least the prayers made by the state for vacation/alteration/modification of such interim orders may be considered by the dedicated bench.

The bench, which was hearing an application relating to recovery of dues, posted it in the week commencing April 6, 2026 for reporting development.

While hearing the matter on October 29, the apex court had expressed displeasure at the mode and manner in which the Odisha government was proceeding for recovery of dues from the defaulting lessees which had violated the mining norms.

During the hearing on Wednesday, advocate Pranav Sachdeva, appearing for the applicant, referred to the cases where the high court has granted interim stay on the recovery proceedings. The counsel appearing for the state said there are 19 certificate cases which are pending.

One of the advocates appearing in the matter said the due was to be deposited by December 31, 2017.

"We will grant liberty to the state of Odisha to move the chief justice of the Orissa High Court to assign these cases to a dedicated bench for an early disposal of the main matter or vacation of stay," the bench said.

It said in such cases where either there is no stay from the high court or from any other appropriate court, the state shall proceed in accordance with law for recovery of the outstanding dues.

The bench asked the state to file a status report by April 2.

The apex court had earlier passed several orders in the matter concerning illegal mining.

In its affidavit filed earlier in the court, the state had 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 Orissa 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 demanded as compensation," the affidavit had 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