Government of Odisha Steel & Mines Department No_ 426y ISM, Bhubaneswar, Dated the |4|9¢1)2.092, SM-MC1-MC-0060-2023 From Sri S. K, Mohanty, Deputy Secretary to Government. To The Director of Mines & Geology, Odisha The Collector, Keonjhar The Collector, Sundargarh The Collector, Mayurbhani The Collector, Bolangir Sub: Minutes of the meeting held on 07.09.2023 at 04.00 PM through Video Conferencing under the Chairmanship of Additional Chief Secretary, Steel & Mines Department to review the status of the pending certificate cases. Sir, In inviting a reference to the subject cited above, | am directed to enclose herewith a copy of the minutes of the meeting held on 07.09.2023 at 04.00 PM through Video Conferencing under the Chairmanship of Additional Chief Secretary, Steel & Mines Department to review the status of the pending certificate cases for kind information and necessary action Encl: As above. Yours fpithfully, oo Deputy Secretary fo Government Memo No._ 94365 /SM, Dated _14]6q|2.093 Copy alongwith copy of the minutes forwarded to the DDM, Joda/ DDM, Koira/ DDM Baripada/ DDM Bolangir for kind information and necessary action. Any TAD ES Deputy Secretary to GovernmentMinutes of the meeting held on 07.09.2023 at 04.00 PM through Video Conferencing under the Chairmanship of Additional Chief Secretary, Steel & Mines Department on the status of pending Certificate Cases. The list of participants is enclosed as Annexure-. At the outset, the Additional Chief Secretary welcomed the participants and presented a brief background of the issue referring to the order dated 14.08.2023 passed by Hon'ble Supreme Court in |.A. No.42571/2023 under W.P.(C) No.114/2014 - Common Cause vs Union of India and Others. Pursuant to order dated 02.08.2017 of the Hon'ble ‘Supreme Court in W.P,(C) No.114/2014, demand notices were issued to the lease holders of Iron & Manganese mining leases under section 21(6) of the MMDR Act'1957 for payment of cost of the minerals towards the minerals produced unlawfully beyond the approved limit under/without Environment Clearance and in violation of Forest Clearance in form of compensation. The Hon'ble Supreme Court of India vide their order dated 30.01.2018 further directed for exercising coercive method to recover the unpaid ‘compensation from the defaulting mining lease holders, following which notices have been issued under rule 12(10) of MC Rules'2016 for termination of the leases in the event of non-depositing the compensation within 60 days. Besides, Certificate Cases have also been instituted against the defaulting lease holders at respective districts by the Certificate Officers, The Hon'ble Supreme Court vide their order dated 14.08.2023 have now directed that “the State Government shall take expeditious steps to pursue the recovery proceeding in accordance with law and shall take necessary steps by attaching the assets of the defaulting entities". The concemed District Collectors are therefore required to ensure compliance to the above directive of Hon'ble Supreme Court of India for placing the same before the court. Advisor (Mining) elaborated the issue in detail indicating that pursuant to order dated 02.08.2017 of the Hon'ble Supreme Court, the total compensation was assessed in respect of 133 nos, of mining leases amounting to Rs.18,526.47 Crores, Compensation amounting to Rs.15,561.19 Crores in respect of 107 leases has been recovered including interest leaving a balance outstanding of Rs.2,965.28 Crores in respect of 26 leases. These 26 leases pertain to the districts of Keonjhar, Sundargarh, Mayurbhanj & Bolangir districts. Certificate cases have been instituted against all these lease holders since 2018, the list and details of which (copy enclosed) have been communicated to the District Collectors with a request for concluding the proceedings of the Certificate cases within one month time either by ensuring deposit of the compensation amount by the lease holders or by attaching their assets. The Hon'ble Supreme Court of India has directed to list the matter for further hearing on 20.10.2023, The State Government is required to file an affidavit after complying to the order dated 14.08.2023. With the permission of the chair, the District Collectors were requested to present the status of the Certificate cases along with the action taken for concluding the same. The details presented were discussed and decisions as below were taken therein. A SM-MC1-MC-0060-2023/01/20231. Bolangir: There is only one Certificate case pending for disposal in respect of ‘Champasar Manganese mining lease held by Raj Kumar Agrawal. The Collector, Bolangir will examine the case and furnish a detailed report to Steel & Mines Department. The DDM, Bolangir will provide all required information after ascertaining from the connected records/documents. 2.Mayurbhanj: The Collector, Mayurbhanj informed that there are three Certificate cases pending for finalization, two pertaining to one lessee namely J. K. Choubey and the other pertaining to the lessee B, K. Das. The lessee J. K. Choubey had challenged the Certificate case notice bofore the Hon'ble High Court of Orissa, wherein the Hon'ble High Court has directed not to take any coercive action and further directed the appellant to file the appeal before the Competent Authority. Accordingly, the lessee has appealed before the Revenue Divisional Commissioner (RDC), Cuttack. Thereafter, the RDC, Cuttack has been requested to dispose of the appeal, The Collector, Mayurbhanj will furnish the detailed status of all the 3 (three) cases to Steel & Mines Department. The DDM, Baripada will provide all required information. Director of Mines & Geology will take up the matter with the RDC, Cuttack. 3, Sundargarh: The Collector, Sundargarh informed that out of the four Certificate cases, Hon'ble Court have passed direction not to take coercive action in respect of two leases pertaining to the lessee namely Odisha Manganese & Minerals (P) Ltd. The other two cases are under process of hearing. The Collector, Sundargarh will furnish the detailed status of the Certificate cases to the Department. The DDM, Koira will provide all required information. 4, Keonjhar: The Collector, Keonjhar informed that there are 18 defaulting mining lease holders. The lessees namely Gandhamardhan Sponge & Iron Ltd. relating to Putulipani tron Mine and BPME Lt. relating to Thakurani Iron & Manganese Mines & Bhadrasahi Iron Ore Mines have been involved in litigations under NCLT. Besides, B. C. Dev (lease holder of Inganijharan Iron ore Mines) and Dr. S. Pradhan (lease holder of Balita Iron ore Mines and Baitarani Iron ore mines) have obtained interim orders from the Hon'ble Supreme Court of India, which prevent conclusion of Certificate cases. Other cases are under process of hearing. The Additional Secretary, MC-1 section informed that the leases granted in favour of the BPMEL were being operated by M/s OMDC Ltd., and notices may be issued to M/s OMDC Ltd. for the needful. Further, there is no injunction from Hon'ble Supreme Court of India in respect of the lease holders B. C. Dev and Dr. S. Pradhan. ¥ MAM-4.Me-nnan.2n93in4 19093,< The Collector, Keonjhar will furnish the detailed status of the Certificate cases and take appropriate action for attaching the assets of the defaulting lessees. The status of the court cases, if any, in respect of the lease holders B. C. Dev & Dr. S. Pradhan will be intimated to the District Collector by the Steel & Mines Department. All the District collectors will ensure conclusion of the Certificate cases within a month so that necessary affidavit can be filed by the Government in compliance to the order dated 14.08.2023 of Hon'ble Supreme Court of India. ‘The meeting ended with vote of thanks to the Chair and participants. Hts 292 ‘Addltional Chit Sesretary ‘SM-MC1-MC-0060-2023/01/2023,8. 9s Annexure-I List of Participants Additional Chief Secretary, Steel & Mines Department Advisor(Mining), Steel & Mines Department Director of Mines & Geology, Odisha, Bhubaneswar Collector, Keonjhar Collector, Sundargarh Collector, Mayurbhanj Collector, Bolangir Deputy Director of Mines, Joda Deputy Director of Mines, Koira 10. Deputy Director of Mines, Baripada 11. Deputy Director of Mines,BolangirKEONJHAR Tatar Compensation Certificate Assessed | Total Amount | 52) amount to | Case No. sl. Lease Name/ recelved along Sk | Lessee name | ese Name! | under ePa/ |" Stn raterest be paid Date / : FCA & ‘nk (ex. interest) | Amount for Undisposed which filed Stace 1 |B.k. Mohanty Mine Tron Orel 5 547,479,448 -| 3,847,479,448 | 36/2018 FG. Pandya & — |Jajang Iron Ore 2 her aang 864,120,698 - |. 864,120,698 | 30/2018 Bhanja Minerals inganjharan = 3 [Prarie Pe ar enmes | 730,949,491 730,049,491 | 46/2018 Batagunda Iron 4 |agun todha —_fBR\agunda ton | 634,270,860 -| 634,270,860 | 40/2018 isa IKotha-Rudkela 5 [N chavatra mora Ruarela 48,378,747 =| 48,378,747 | so/2018 Bhulbeda tron 6 |m. syndicate [Bhutbeda | 59,715,887 | 27,516,526 32,199,361 | 45/2018 Deojhar Iron 7 [srima.cas — [pecinar ir 29,085,772 | 29,045,922 +] 42/2018 ideast 8 [integrated Steel [ROT 1797 | 9,247,524,283) | 3,015,551,967| 6,231,972,316) 48/2018 Lt Patulipant Iron 9 Jes. uta pueulipant 2,731,248,438] 60,000,000] 2,671,248,438| 33/2018 10 [7.8. tatand co, Palang tren ore | 939,354,114 -| 930,354,114] 37/2018 iKasla-Kotha~ 37/2018 11 [r.8.taland co. [Rote 631,005 631,005| Iinganijharan 12 |B.c. Deb prgannaren | 1-168,430,826 -| 1,168,430,828| 39/2018 Baitarani iron 35/2018 13 |Dr.S. Pradhan [paterent 937,956,820| 10,001,001] 927,955,819} 14 |r.s. Pradhan [Bale Iron Ore | 230,661,208 1,001] 1,230,660,207| 38/2018 (Gurubeda Tron 15 |S.c.Padnee ——_[oumpede 277,173,835, -91,118,975| _186,054,860| 47/2018 [Thakurani Iron 16 BPME Ltd. prakuran tron | 6,365,263,909| 177,902,236] 6,187,361,673 32/2018 Bhadrasahi Iron 17 |Beme Ltd. Bhagrasan tron | 2,031,491,596| 93,611,558] 1,937,880,038 | ,, |Basudev Urmunda Iron al 1g [Basude erin 84,844,674] 84,844,674] 35/2018Sundargarh Total Total Compensation | Amount Sh. Lessee Lease Assessed received | Bal amount to No] oN Name/ under EPA/ | along be paid Date / | Name Location FCA & with | (ex. interest) | Amount for Undisposed | Interest which filed Stock (in Rs) [zenith 09/2018 1 [mining (py [Goma tron 348,521,300 =| 348,521,300 |(dtd.17.05.20 Mn, Mines ILtd. 18) lo.M & M (P) [Orahuri Mn. 2 |oa. Mines 806,567,971 806,567,971] 97/2018 (dtd.17.5.201 jo.M & M (P) |Bhanjikusum 8) 3 Ltd. Mn. Mines 30,883,673) 30,883,673} |Kanther-Koira 08/2018 4 |B.S. Mishra [Iron Mn. 21,015,872! 21,015,872] (dtd.17.05.20 Mines: 18Mayurbhanj Total Total Compensation | Amount Certificate Case si.| Lessee | ySte®, | Assessed under| recelved Bal amount | "No. Date / No.| Name tbentian | EPA/FCA& Jalong with |? ioteresty| Amount for Undlisposed | Interest which filed Stock (in Rs) Budharajapah aK. 05/2018 1 jad Iron & Mn, 78,342,758 - 78,342,758 IChoubey — |ore Mines (dtd.08.08.2018) .K Purunapani- ~ 06/2018 2 |Choubey Bhuyanbasa 33,669,901 33,669,901 (dtd.08.08.2018) Kasiabeda i 07/2018 3 |B.K. Das ren Ore 354,089,634) 354,089,634 (dtd,08.08.2018)Filed Total | Amount Compensati | received Certificat | Before eae on Towards | Bal amount | eCase | Certific si |tessee| Name/ | Assessed | Compens | tobe paid | No. Date | 2° Name | Locaten | under EPA | ation (ex. 7 Amount | Officer 7FCA& | along | interest) | for which | (Collec Undisposed | _ with filed | tr) of Stock | Interest which District 1 | Raj Ku. | Champasar 61/2018 Agrawal | Mn. Mines | 190,852,692 ~| 190,852,692 | (48.11.07 | Bolangir -2018)