Illegal Mining / SC Allows Odisha to Seek Dedicated Bench on Mining Dues
·7 months ago·2 min read
Key Points
SC grants Odisha liberty to move HC Chief Justice for dedicated bench.
Deadline set for disposal of mining dues cases by March 31, 2026.
State reports recovery of Rs2,745.77 crore excluding interest.
Deadline set for disposal of mining dues cases by March 31, 2026.
State reports recovery of Rs2,745.77 crore excluding interest.
New Delhi, Dec 11: The Supreme Court has granted liberty to the Odisha government to approach the Chief Justice of the Orissa High Court seeking assignment of cases related to recovery of dues from defaulting mining lessees to a dedicated bench for early disposal, officials said on Thursday.
Liberty to Move High Court
A bench of Justices Dipankar Datta and Augustine George Masih observed that several petitions challenging recovery proceedings were pending before the High Court, many of which had interim stays. “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.
The court added that if final disposal was not possible by March 31, the dedicated bench should at least consider the state’s plea for vacation, alteration, or modification of interim orders.
Recovery of Dues
The matter relates to recovery of compensation from mining lessees who violated norms by extracting ore without clearance or beyond approved limits. The apex court had earlier directed recovery under Section 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957, following its landmark August 2017 judgment.
During Wednesday’s hearing, the state informed the bench that 19 certificate cases were pending. Advocate Pranav Sachdeva, appearing for the applicant, pointed to instances where interim stays had stalled recovery. The bench directed the state to file a status report by April 2, 2026, and posted the matter for further hearing in the week commencing April 6.
Past Observations
The Supreme Court had earlier expressed displeasure at the manner in which the Odisha government was pursuing recovery. In its affidavit, the state reported that ₹2,745.77 crore had been recovered as of February 2024, excluding interest. The affidavit also noted that periodical follow-up was being undertaken to ensure recovery from defaulting lessees.
The apex court stressed that in cases where no stay was in force, the state must proceed in accordance with law to recover outstanding dues.
Liberty to Move High Court
A bench of Justices Dipankar Datta and Augustine George Masih observed that several petitions challenging recovery proceedings were pending before the High Court, many of which had interim stays. “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.
The court added that if final disposal was not possible by March 31, the dedicated bench should at least consider the state’s plea for vacation, alteration, or modification of interim orders.
Recovery of Dues
The matter relates to recovery of compensation from mining lessees who violated norms by extracting ore without clearance or beyond approved limits. The apex court had earlier directed recovery under Section 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957, following its landmark August 2017 judgment.
During Wednesday’s hearing, the state informed the bench that 19 certificate cases were pending. Advocate Pranav Sachdeva, appearing for the applicant, pointed to instances where interim stays had stalled recovery. The bench directed the state to file a status report by April 2, 2026, and posted the matter for further hearing in the week commencing April 6.
Past Observations
The Supreme Court had earlier expressed displeasure at the manner in which the Odisha government was pursuing recovery. In its affidavit, the state reported that ₹2,745.77 crore had been recovered as of February 2024, excluding interest. The affidavit also noted that periodical follow-up was being undertaken to ensure recovery from defaulting lessees.
The apex court stressed that in cases where no stay was in force, the state must proceed in accordance with law to recover outstanding dues.
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