Wednesday, 14 November 2012

Observations of CEC

The green bench of the Supreme Court has directed the Orissa government to implement the recommendations of the Central Empowered Committee (CEC).The direction of the court followed the submission made by the Orissa government that the CEC recommendations in general are acceptable to it. 

CEC submitted its interim report to Supreme Court on 26 April 2010 with a set of recommendations pertaining to illegal mining activities in the state. Among the recommendations, it suggested that the Renewal Mining Lease (RML) cases should be disposed of expeditiously. 

Deemed extension clauses should only be used in contingency situation and shouldn’t be availed indefinitely. Similarly, it suggested that the mining in non-forest areas can be allowed only after obtaining all the environmental and other statutory clearances by the lease holder.

The lessees would have to pay the Net Present Value (NPV) of the forests for the entire lease area as per the Supreme Court direction of 2002, both in Renewal Mining Lease (RML) and Mining Lease (ML) cases.

Since continuing mining over a long period without renewal of mining lease becomes a potential source of irregularity, CEC suggested it to be decided in a time bound manner, which the state government has accepted.

CEC suggested that apart from the payment of NPV, for mining operations, the mining plan need to be approved by the competent authority. For the forest areas identified by District Level Committees, mining can be taken up only in the broken up portion of the land subject to payment of NPV for the entire DLC forest area.

However, mining in un-broken (virgin) land can be allowed only after all the statutory clearances are obtained and NPV is paid. Besides, 50 percent of the NPV collected would be spent by the Special Purpose Vehicle (SPV) to be formed for the development of the local areas.

It may be noted, the matter of illegal mining was referred to CEC by the Supreme Court. The CEC had detailed meetings with the representatives of state government and the petitioner Ravi Das, a senior journalist. 

For more details, visit us at Scam in Odisha

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