November 9, 2024 – Yesterday, the Supreme Court (SC) had issued an interim order granting an extension to the operation of mines in Rajasthan, Madhya Pradesh (MP) and Chhattisgarh till November 13. The Court set November 12, 2024, as the next date of hearing on the SLPs filed by the Rajasthan government and mining associations of MP and Chhattisgarh.

All three States had filed a case in the SC against the National Green Tribunal (NGT) order of August 8, 2024, to suspend environmental clearances for mining activities in the States. Certain mining projects were prohibited from moving further by the NGT unless they complied with environmental regulations, such as securing the required permits under the Environment Protection Act and following forest conservation guidelines.

The Chhattisgarh government, along with various stakeholders involved in the mining industry, challenged the NGT order in SC. What it said:

Jurisdictional Concerns: NGT had overstepped its jurisdiction and that environmental clearance matters related to mining should be handled by the Ministry of Environment, Forest and Climate Change (MoEFCC) at the national level.

Impact on Economic Activity: Suspension of mining operations would severely affect the State's economy as it is of the largest mineral-producing States in India.

Validity of Environmental Clearance: Environmental clearances granted to mining projects were legally valid and in accordance with existing rules and regulations. NGT's interpretation that mining activities had violated certain environmental norms or failed to meet the required standards was unfounded.

Implementation of Environmental Measures: Committed to mitigating the environmental impact of mining activities, and that mining operations were being conducted with measures in place for the protection of the environment, such as afforestation and water management systems.

Compliance with the Forest Conservation Act: All necessary clearance approvals had been obtained under the Forest Conservation Act and that mining operations in forested areas were compliant with all regulatory requirements.

National Economic Interests: The national interest in ensuring mineral resource extraction for power generation, steel production and other critical industries outweighed the concerns raised by the NGT, particularly in a context where mineral resources are a strategic part of India's economic development.

Rajasthan is a major producer of minerals like marble, sandstone, limestone and minerals for cement production. The government argued:

Impact on Local Economy and Employment: Mining activities are a significant source of livelihood for millions in the State. The ban, if enforced, would have serious economic repercussions for local communities.

Compliance with Environmental Norms: The mining operations were being conducted in full compliance with environmental guidelines and regulations.

Lack of Consideration for Existing Permits and Licenses: NGT overlooked the fact that many mining operations in the State had valid licenses and permits issued by the relevant authorities.

Challenges in Enforcement: The sheer scale of mining operations in the State made it difficult to implement a comprehensive ban on all activities immediately without causing significant disruptions.

Need for Balance between Environment and Development: There is a need to balance environmental protection with economic development. Focus should be on stricter regulation and monitoring, rather than an outright ban.

Environmental Mitigation Measures: Several mitigation measures are already being implemented to address the environmental concerns associated with mining, such as reclamation of mined lands, dust control mechanisms and steps to protect water sources and biodiversity.

The NGT order with regard to MP primarily revolves around the environmental concerns, especially in the context of the Panna Tiger Reserve and its surrounding regions. The State, in its SLP, argued:

Impact on Economy and Livelihoods: Ban on mining activities could have severe economic repercussions, particularly on the livelihoods of local communities who depend on mining for employment.

Development and Revenue Generation: Halting mining would not only hamper economic growth but also affect industries dependent on mining activities in the region.

Sustainability and Regulation: Have been following various environmental protection measures and regulations to ensure that mining operations do not cause irreversible environmental damage.

Concerns over NGT’s Scope: Authority of the NGT in making such a sweeping decision was in question, especially when the mining operations had the necessary permits and were being monitored by the State and Central environmental bodies.