Common Cause vs. Union Of India
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble Madan B. Lokur, Hon'ble Deepak Gupta
Stage:
ORDERS (INCOMPLETE MATTERS / IAs / CRLMPs)
Remarks:
List On (Date) [21-11-2017]
Listed On:
24 Oct 2017
In:
Judge
Category:
UNKNOWN
Original Order Copy
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Order Text
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 114/2014
COMMON CAUSE Petitioner(s)
VERSUS
UNION OF INDIA . & ORS. Respondent(s)
(1) CENTRAL EMPOWERED COMMITTEE REPORT ALONGWITH INTERLOCUTORY APPLICATIONS AND OBJECTIONS TO CEC REPORT FILED BY JINDAL STEEL AND POWER LIMITED, SARDA MINES PVT. LTD., RUNGTA GROUP OF COMPANIES AND ESSEL MINING AND INDUSTRIES LTD.
(2) APPLICATIONS/OBJECTIONS OF EIGHT MINING LEASE HOLDERS I.E. R.P. SAO, INDRANI PATNAIK, M/S K.J.S. AHLUWALIA, M/S ARYAN MINING AND TRADING CORPN. LTD., M/S MIDEAST INTEGRATED STEEL LTD., KAVITA AGRAWAL, MALA ROY AND ORS. AND M/S SHARDA MINES (P) LTD. ON QUESTION OF APPOINTING A COMMITTEE IN RESPECT OF THE APPLICABILITY OF RULE 37 OF MCR A/W I.A. NO. 90729/17 (APPL. FOR CLARIFICATION OF JUDGMENT DT. 2.8.2017)
Date : 24-10-2017 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA
For Petitioner(s) Mr. Prashant Bhushan, AOR
Mr. Harish N. Salve, Sr. Advocate (A.C.)[NP]
Ms. Aparajita Singh, Advocate (A.C.)[NP]
Mr. A.D.N. Rao, Advocate (A.C.)
Mr. Siddhartha Chowdhury, Advocate (A.C.)[NP]
| For Respondent(s) | Mr. Mukul Rohatgi, Sr. Adv. |
|---|---|
| Sarda Mines | Mr. Gopal Jain, Sr. Adv. |
| Mr. R.N. Karanjawala, Adv. | |
| Mr. Naveen Kumar, Adv. | |
| Ms. Nandini Gore, Adv. | |
| Ms. Tahira Karanjawala, Adv. | |
| Ms. Khushboo Bari, Adv. | |
| Ms. Natasha Sehrawat, Adv. | |
| Mr. Kapil Sibal, Sr. Adv. | |
| Mr. C.A. Sundram, Sr. Adv. |
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| Mr. Aakash Bajaj, Adv. | |
|---|---|
| Mr. Sanjeev K. Kapoor, Adv. | |
| UOI<br>/ | Ms. V. Mohana, Sr. Adv. |
| Ministry of Steel | Mr. P.K. Mullick, Adv. |
| Mr. Atulesh Kumar, Adv. | |
| Mr. Raj Bahadur, Adv. | |
| Mr. G.S. Makker, Advocate. | |
| Mr. B.K. Prasad, Advocate | |
| Odisha | Mr. Rakesh Dwivedi, Sr. Adv. |
| Ms. Kirti R. Misra, Adv. | |
| Ms. Sansriti Pathak, Adv. | |
| Ms. Apurva Upmanyu, Adv. | |
| 97308 | Mr. Mukul Rohatgi, Sr. Adv. |
| Mr. Manas Rajan Mohapatra, Sr. Adv. | |
| Mr. Shiv Mangal Sharma, Adv. | |
| Mr. Nishit Agrawal, Adv. | |
| Mr. Shrey Kapoor, Adv. | |
| Mr. Lalitendu Mohapatra, Adv. | |
| For M/S Aura & Co. | |
| Mr. Gopal Subramaniam, Sr. Adv. | |
| Mr. Ashok Parija, Sr. Adv. | |
| Mr. Anand Varma, Adv. | |
| Mr. Naveen Kumar, Adv. | |
| Mr. Dhanjay Mishra, Adv. | |
| Mr. Gaurav Khanna, Adv. | |
| Ms. Nishit Agarwal, Adv. | |
| Mr. Mahesh Agarwal, Adv. | |
| Ms. Devika Mohan, Adv. | |
| Mr. E.C. Agrawala, Adv. | |
| M/s Aryan Mining | Mr. Arvind Datar, Sr. Adv. |
| Mr. Naveen Kumar, Adv. | |
| Mr. Nitish Agarwal, Adv. | |
| Mr. Sudeep Dey, Adv. | |
| 40,42 & 61 | Mr. Mukul Rohatgi, Sr. Adv. |
| Mr. Gopal Jain, Sr. Adv. | |
| Mr. Naveen Kumar, Adv. | |
| Mr. Sudeep Dey, Adv. | |
| Mideast Integrated | Mr. Mukul Rohatgi, Sr. Adv. |
| Steels Ltd. | Mr. Balbir Singh, Sr. Adv. |
| Ms. Sweta Priya, Adv. | |
| Mr. L.R. Singh, Adv. | |
| 98908/17 / | Mr. P.S. Patwalia, Sr. Adv. |
| 90432/17 | Mr. Dhananjaya Mishra, Adv. |
| Mr. Dillip K. Das, Adv. | |
| 105147 | Mr. Ashok K. Parija, Sr. Adv.<br>Mr. R.M. Patnaik, Adv. |
|---|---|
| M/s Mala Roy | Mr. Rana Mukherjee, Sr. Adv.<br>Ms. Daisy Hannah, Adv.<br>Ms. Movita, Adv. |
| 39 | Mr. C.S. Vaidanathan, Sr. Adv.<br>Mr. Basava Prabhu Patil, Sr. Adv.<br>Mr. Ajay Bhargava, Adv.<br>Ms. Vanita Bhargava, Adv.<br>Mr. Rony John, Adv.<br>Ms. Shweta Kabra, Adv.<br>For M/S Khaitan & Co.<br>Mr. S.N. Terdal |
| OMC | Mr. Raj Kr. Mehta,<br>Advocates<br>Ms. Himanshi Andley, Adv. |
| FIMI | Mr. Sunil Dogra, Adv.<br>Mr. Vivek Vishnoi, Adv.<br>Mr. Abhishek Sharma, Adv. |
| Tata Steel Ltd. | Dr. A.M. Singhvi, Sr. Adv.<br>Mr. Amar Dave, Adv.<br>Mrs. Nandini Gore, Adv.<br>Ms. Sonia Nigam, Adv.<br>Mr. Abhinay Sharma, Adv.<br>Ms. Neha Khandelwal, Adv.<br>Mr. Amit Bhandari, Adv.<br>Mrs. Manik Karanjawala, Adv.<br>FOR M/s Karanjawala & Co.<br>Mr. Ashok Kumar Panda, Sr. Adv.<br>Mr. Tejaswi Kumar Pradhan, Adv.<br>Mr. Satyabrata Panda, Adv.<br>Mr. Manoranjan Paikaray, Adv.<br>Mr. Purushotham Aniruddha, Adv.<br>Mr. Bhavanishankar V. Gadnis, Adv.<br>Mr. Naveen Kumar, Adv. |
UPON hearing the counsel the Court made the following
O R D E R
I.A. No. 97300/2017
This application has been filed by Shri Ramesh Prasad Sao.
I.A. No. 97300/2017 (Application for direction) is dismissed.
I.A. No. 98908/2017
This application has been filed by Orissa Manganese & Minerals Limited.
I.A. No. 98908/2017 (Application for directions in terms of judgment dated 02.08.2017 in respect of the Patamunda Manganese Mines) is dismissed.
I.A. No. 90729/2017 (Application for clarification)
Issue notice on Prayers (a) & (b).
Learned counsel accept notice on behalf of their respective clients.
As far as Prayer (a) is concerned, Mr. Kapil Sibal, learned senior counsel appearing for Rungta Group of Companies says that he would like to look into the matter and address arguments whether Bonai Industrial Company Limited and Feegrade & Co. Pvt. Limited are part of the Rungta Group of Companies or not.
He says that he does not wish to file a reply.
As far as Prayer (b) is concerned, the prayer is to the effect that in case the payments are not made by 31st December, 2017, the mines that are actually running should be closed down.
Learned counsel say that they would like to take instructions and file a reply in this regard.
Learned counsel appearing for the mining lease holders say that there may be some anomalies with regard to the calculations. The CEC as well as the State Government should sit together to iron out all anomalies so that the payments are made. The computation
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be done on or before 30th November, 2017 in accordance with the judgment of this Court.
List the application on 5th December, 2017 for directions.
I.A. No. 99493/2017
This application has been filed by Shri Prabodh Mohanty.
I.A. No. 99493/2017 (Application for direction) is dismissed.
I.A. No. 105019/2017
The application for directions on behalf of Odisha Mining Corporation Limitation is dismissed.
I.A. No. 105147/2017
This application has been filed by Shri Birat Chandra Dagara. I.A. No. 105147/2017 (Application for direction) is dismissed.
I.A. No. 90432/2017
This application has been filed by Orissa Manganese & Minerals Limited.
The application for directions in terms of judgment dated 02.08.2017 in respect of the Kusumdihi Manganese Mines is dismissed.
I.A. Nos. 92265/2017 and 92269/2017
The applications have been filed by M/s Mideast Integrated Steels Ltd.
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The applications are dismissed. Amounts be paid as determined by the CEC.
W.P. (C) No. 114/2014
List the applications/objections for arguments on 21st and 22nd November, 2017.
(MEENAKSHI KOHLI) (KAILASH CHANDER) COURT MASTER COURT MASTER