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:
Adjourned [As per R/P]
Listed On:
23 Feb 2018
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) IA NO. 135416/2017 (APPLN.FOR DIRECTIONS FILED BY MR. A.D.N. RAO, ADV. (A.C.)
(2) IA NO. 21415/2018 (APPLN. FOR DIRECTIONS ON B/O M/S SERAJUDDIN AND COMPANY)
(3) IA NOS. 27229 AND 27242/2018 (APPLNS. FOR DIRECTIONS ON B/O BIRAT CHANDRA DAGARA)
Date : 23-02-2018 These applications were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA
Mr. Harish N. Salve, Sr. Advocate (A.C.)[NP]
Mr. Sudipto Sircar, Adv. Ms. Tulika Chikker, Adv.
Mr. A.D.N. Rao, Advocate (A.C.)[NP]
Mr. Siddhartha Chowdhury, Advocate (A.C.)
Ms. Aparajita Singh, Advocate (A.C.)
For Petitioner(S) Mr. Prashant Bhushan, Aor
For Respondent(S) Mrs. Pinky Anand, ASG Mr. A.K. Panda, Sr. Adv. Mrs. V. Mohana, Sr. Adv. Mr. P.K. Mullick, Adv. Mr. Balendu Shekhar, Adv. Mr. Atulesh Kumar, Adv. Mr. Raj Bahadur, Adv. Mr. Gurmeet Singh Makker, Adv. Mr. B.K. Prasad, Adv. Mr. Hemant Arya, Adv.
Orissa Mr. Rakesh Dwivedi, Sr. Adv.
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Ms. Kirti R. Mishra, Adv. Ms. Apurva Upmanyu, Adv. Ms. Sansriti Pathak, Adv. Applicant Mr. Gopal Subramaniam, Sr. Adv. Mr. Ashok K. Parija, Sr. Adv. Mr. Gaurav Kejriwal, Adv. Mr. Dhananjay Mishra, Adv. Mr. R.M. Patnaik, Adv. Mr. Arnav Dash, Adv. Mr. Avnish Sharma, Adv. Mr. Arnav Behera, Adv. Mr. Naveen Kumar, Adv. Mr. Sujit Keshri, Adv. Mr. Anand Varma, Adv. Mr. Gaurav Khanna, Adv. Mr. Nishit Agarwal, Adv. Mr. Mahesh Agarwal, Adv. Ms. Devika Mohan, Adv. Mr. E.C. Agrawala, Adv. Mr. Anmol Tayal, Adv. Mr. Ashok Panigrahi, Adv. Mr. Ashok Kumar Panda, Sr. Adv. Mr. Tejaswi Kumar Pradhan, adv. Mr. Manoranjan Paikaray, Adv. Mr. S.K. Bandhopadhaya, Adv.
UPON hearing the counsel the Court made the following
O R D E R
I.A. No. 135416/2017
This is an application moved by the learned Amicus to bring on record the fact that perhaps there is an oversight and the name of M/s Serajuddin & Co. was left out for consideration in the judgment and order dated 2nd August 2017 as being one of the Mining Lease Holders who may be in violation of Rule 37 and Rule 38 of the Mineral Concession Rules, 1960.
Learned counsel for M/s Serajuddin & Co. fairly states that perhaps there was an oversight and his client may be considered
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along with cases of other eight mining lease holders mentioned in the Judgment by the Committee appointed by this Court.
In view of the above, the application is disposed of.
I.A. No. 21415/2018
This is an application moved by M/s Serajuddin & Co. for permission to continue mining.
It is stated by learned counsel for the applicant that there is a delay of 37 days in making the payment. He further says that the payment has been made along with interest at 12%.
Learned counsel for the State of Odisha says that the payment along with interest has been made and M/s Serajudding & Co. has all necessary clearances. If that is so, the applicant may be permitted to continue regular mining.
The application is disposed of.
I.A. No. 27229 and 27242
These are applications filed by Mr. Birat Chandra Dagara.
Delay in making the payment is condoned subject to payment of interest at 12% per annum.
Learned counsel for the State of Odisha says that the payment has been made along with interest. However, she says that requisite clearances have not been granted to the applicant.
The applications stand disposed of.
(MEENAKSHI KOHLI) (KAILASH CHANDER) COURT MASTER COURT MASTER
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