Order
1. We direct macro-level EIA study to be undertaken by Indian Council of Forestry Research and Education (“Icfre”, for short) in collaboration with Wildlife Institute of India, FSI and such other domain experts, as may be decided by Icfre in consultation with the Ministry of Environment and Forest (“MoEF”, for short). This would be in respect of Bellary District. MoEF will frame a detail terms of reference for the proposed study within one week.
2. The macro-level EIA study shall also indicate whether the district of Bellary constitutes one single environmental unit or it constitutes more than one unit with different degrees of environmental degradation. The report shall be submitted within three months. It shall be open to the FIMI and the petitioner in Writ Petition (C) No. 562 of 2009 to provide necessary inputs to Icfre, which will also be taken into account while submitting the macro-level EIA study report.
3. NMDC has mining leases in Bellary District. The particulars of lessee-wise iron ore production for the mines held by NMDC is given hereinbelow:
Sl. No.
Lessee name
ML No.
Extent (hect.)
IBM Consent (MITPA)
Status
2008-2009 (In metric tonnes)
2009-2010 (In metric tonnes)
2010-2011 (In metric tonnes)
Hospet Sector
Production
Dispatch
Production
Dispatch
Production
Dispatch
1.
NMDC
1111
647.5
7.0000
Working
14,88,875.00
5,43,373.00
4,57,052.00
7,01,745.00
0.00
8,13,978.00
2.
NMDC
2396
608
7.0000
Working
54,37,621.00
51,12,617.00
55,82,289.00
54,85,528.00
42,17,862.00
44,27,172.00
4. We are informed that, as far as Sl. No. 1 is concerned, the production is “nil” for Financial Year 2010-2011 ending on 31-3-2011. This is on account of stay order given by the High Court of Karnataka in Writ Appeals Nos. 1134-35 of 2009. As far as Sl. No. 2 is concerned, that problem does not exist.
5. In order to balance the environmental concerns with economic development and keeping in mind the mandate of Article 21 of the Constitution, including intergenerational equity, we are of the view that in extraordinary circumstances, NMDC alone be allowed to operate its mines under Sl. Nos. 1 and 2 to the extent of providing one million tonnes per month commencing from 6-8-2011 till further orders.
6. Further, we make it clear that the State of Karnataka will charge royalty on the basis of ten per cent of the current market value of the iron ore. NMDC will maintain accounts in that regard. Today, the State of Karnataka has been charging royalty at the rate of ten per cent of the rates as determined by IBM at the pithead. The differential between that rate and the market rate will be accounted for by the State of Karnataka. We make it clear that differential rate will be deployed for rehabilitation purpose of the area concerned.
7. We may clarify that no part of this production shall be exported outside India till further orders. NMDC will sell the production to the States in consultation with Ministry of Steel, Government of India.
8. The State of Karnataka is hereby directed to submit the reclamation and rehabilitation plan of Bellary District within three months.
Court Masters