Kerala HC Directs Recovery Of Value Of Minerals Extracted Illegally Without Environmental Clearance [Read Judgment]

The present case is a classic case in which illegal mining was allowed to be carried on by the successive Governments without any care for the environment and ignoring the pleas of the local residents", observed the judgment authored by Justice Vinod Chandran.The High Court of Kerala has directed the recovery of 100% value of minerals extracted without obtaining prior. The High Court of Kerala has directed the recovery of 100% value of minerals extracted without obtaining prior Environmental Clearance, by following the Supreme Court judgment in Common Cause case which held that extraction of any mineral without EC would amount to illegal or unlawful mining attracting the provisions of Section 21 of the Mines and Minerals Act 1957. Benefit of Deemed EC Not Available After Commencing Mining Operations Without Prior EC The Court noted that the Company had to obtain prior Environmental Clearance as per EIA Notification dated 14.09.2006 as the mining area was more than 5 hectares. "We cannot also condone the action of the successive Governments in having remained a silent spectator to the gross violations carried out by the Company The present case is a classic case in which illegal mining was allowed to be carried on by the successive Governments without any care for the environment and ignoring the pleas of the local residents", observed the judgment authored by Justice Vinod Chandran.