Common Cause vs. Union Of India

ITEM NO.6 COURT NO.1 SECTION PIL-W

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. REPORT RECEIVED FROM COMMITTEE COMPRISING HON'BLE MR. JUSTICE G.S. SINGHVI AND HON'BLE MR. JUSTICE ANIL R. DAVE 2. IA NO. 179704/2018 AND 54364/2019 (APPLNS. FOR DIRECTIONS AND PERMISSION TO FILE ADDITIONAL DOCUMENTS ON B/O S.A. HALIM) 3. IA NO. 62602/2019, 62606/2019, 168557/2019, 168564/2019, 168569/2019, 168578/2019 (APPLNS. FOR DIRECTIONS ON B/O ORISSA MINERAL DEVELOPMENT CO. LTD.) 4. IA NO. 157635/2019 (APPL. FOR DIRECTION ON B/O ODISHA MINING CORPORATION LTD. 5. IA NOS. 131281/2019 AND 131288/2019 (APPLNS. FOR INTERVENTION AND DIRECTIONS ON BEHALF OF SURESH CHANDRA PADHEE) 6. IA NOS. 142745/2019 AND 142758//2019 (APPLNS. FOR INTERVENTION AND DIRECTIONS ON BEHALF OF GAURI SHANKAR CHOUBEY) 7. I.A. NOS. 7117, 7121 & 7829/2020 (APPLN.(S) FOR DIRECTIONS ON BEHALF OF M/S. Essel Mining & Industries LTD.)

Date : 29-01-2020 This matter was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE SURYA KANT

Counsel for the parties :

Mr. H.N. Salve, Sr. Adv. (NP) Ms. Aparajita Singh, Sr. Adv. (NP) Mr. A.D.N. Rao, Adv. (AC) Mr. Sidhharth Chowdhary, Adv. (AC) Mr. Prashant Bhushan, AOR Mr. Hemanth Pothula, Adv. Mr. Pranav Sachdeva, Adv. Mr. A.K. Ganguli, Sr. Adv. Mr. Gaurav Kejriwal, AOR Mr. Gaurav Choudhary, Adv. Mr. Abdul Hamid, Adv.

Mr. B. Krishna Prasad, AOR Mr. Sunil Dogra, Adv. Mr. vivek Vishnoi, Adv. Mr. Abhishek Sharma, AOR Mr. Sunil Kumar Jain, AOR Mr. Mukul Rohatgi, Sr. Adv. Mr. Ajay Bhargava, Adv. Ms. Vanita Bhargava, Adv. Ms. Shweta Kabra, Adv. For M/S. Khaitan & Co., AOR Ms. Ruchi Kohli, AOR Mr. Shibashish Misra, AOR Mr. Ramendra Mohan Patnaik, AOR Mr. E. C. Agrawala, AOR Mr. Ashok Panigrahi, AOR Mr. Himinder Lal, AOR Mrs. Kirti Renu Mishra, AOR Ms. Apurva Upmanyu, Adv. Mr. Mukesh Kumar Maroria, AOR Mr. Ashok Kumar Panda, Sr. Adv. Mr. Tejaswi Kumar Pradhan, AOR Mr. Satyabrata Panda, Adv. Mr. Manoranjan Paikaroy, Adv. Mr. Aniruddha Purushotham, Adv. Mr. Rameshwar Prasad Goyal, AOR M/S. Karanjawala & Co., AOR Ms. Movita, AOR Mr. Mukul Kumar, AOR M/S. Aura & Co., AOR Mr. Balaji Srinivasan, AOR Ms. Udita Singh, Adv. Ms. Shweta Priya, Adv. Mr. Lakshmi Raman Singh, AOR

Mr. Saurabh Ajay Gupta, Adv. Mr. Prabhat Kumar Rai, Adv. Mr. Nitesh Bhandri, Adv. Mr. Vinit Kumar, Adv. Ms. Shreenu Verma, Adv. Mr. Naveen Kumar, AOR Mr. Mukul Rohatgi, Sr. Adv. Mr. Raj Kumar Mehta, AOR Ms. Himanshi Andley, Adv. Mr. ANS Nadkarni, Ld. ASG Ms. V. Mohana, Sr. Adv. Mr. Atulesh Kumar, Adv. Mr. R.R. Rajesh, Adv. Ms. Chinmayee Chandra, Adv. Mr. Tarkeshwar Nath, Adv. Ms. Saudamini Sharma, Adv. Mr. Mahavir Singh Rawat, Adv. Mr. Gurmeet Singh Makker, AOR Mr. Satyabrata Panda, AOR Ms. Uttara Babbar, AOR Mr. Sandeep Devashish Das, AOR Mr. Tushar Mehta, Ld. S.G. Mr. Shovan Mishra, AOR Mr. Aditya Mohapatra, Adv. Ms. Aishwary Surana, Adv. Mr. Preshit Vilas Surshe, AOR Mr. Hitendra Nath Rath, AOR Mr. Shadan Farasat, AOR Mr. Dhananjaya Mishra, Adv.

UPON hearing the counsel the Court made the following O R D E R

REPORT RECEIVED FROM COMMITTEE COMPRISING HON'BLE MR. JUSTICE G.S. SINGHVI AND HON'BLE MR. JUSTICE ANIL R. DAVE

Two issues were raised before this Court, one pertained to mining leases in excess to the statutory limits prescribed by Section 6 of the Mines and Minerals (Development and Regulation) Act, 1957. The other issue was transfer of interest held in mining leases effected contrary to Rule 37 of the Minerals Concession Rules, 1960.

In order to determine certain facts, this Court referred these issues to a Committee comprising Hon'ble Mr. Justice G.S. Singhvi and Hon'ble Mr. Justice Anil R Dave, former Judges of this Court. The Committee has submitted a report recording its opinion about whether particular mining lease-holders have violated the aforementioned statutory provisions. We find that some of the facts and conclusions stated by the Committee are in contention before us. In any case, any resultant action against mining lease-holders will depend on whether they appear to have violated the afore-mentioned statutory provisions.

In these circumstances, we consider it

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expedient to direct that the report be placed before the appropriate State Government for determining whether the facts and conclusions of the Committee disclose the necessity for taking appropriate action in respect of the particular mining leaseholders. It is, however, necessary to give an opportunity to the petitioner(s) who approached this Court to point out if particular mining leaseholder who has been exonerated by the Committee has indeed rendered himself/herself liable for action. Similarly, those found to have breached any of the Statutory provisions would also be entitled to be heard before any action is taken by the State Government on the report of the Committee.

We, accordingly, direct that the report be placed before the appropriate State Government. The State Government may issue notice to such mining lease-holders as may consider it necessary, but in any case such notice shall be issued to the petitioner(s). The State Government is entitled to take such action as it considers appropriate in exercise of powers under any law for the time being in force.

Order accordingly.

IA NO. 157635/2019 (APPL. FOR DIRECTION ON B/O ODISHA MINING CORPORATION LTD.

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In view of the uncontroverted facts, the applicant Odisha Mining Corporation is permitted to commence the Mining Operations in the Tiringpahar Iron Ore Mines of OMC Ltd. In 79.30 Ha. Of Forest land in terms of order dated 16.05.2014 passed by this Court.

IA NO. 157635/2019 is allowed accordingly.

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IA NO. 179704/2018 AND 54364/2019 (APPLNS. FOR DIRECTIONS AND PERMISSION TO FILE ADDITIONAL DOCUMENTS ON B/O S.A. HALIM)

IA NOS. 131281/2019 AND 131288/2019 (APPLNS. FOR INTERVENTION AND DIRECTIONS ON BEHALF OF SURESH CHANDRA PADHEE)

IA NOS. 142745/2019 AND 142758//2019 (APPLNS. FOR INTERVENTION AND DIRECTIONS ON BEHALF OF GAURI SHANKAR CHOUBEY)

Issue notice returnable in two weeks.

I.A. NOS. 7117, 7121 & 7829/2020 (APPLN.(S) FOR DIRECTIONS ON BEHALF OF M/S. Essel Mining & Industries LTD.)

Issut notice.

……..

……..

Tag with SLP(C) No. 2090/2020.

IA NO. 62602/2019, 62606/2019, 168557/2019, 168564/2019, 168569/2019, 168578/2019 (APPLNS. FOR DIRECTIONS ON B/O ORISSA MINERAL DEVELOPMENT CO. LTD.)

(i) I.A. NOS. 62602/2019, 62606/2019

Learned Solicitor General appearing for the

Orissa Minerals Development Company Ltd. States that all payments have been made.

This is confirmed by learned counsel for the State of Odisha.

Subject to clearances being obtained, the applicant(s) may be permitted to resume mining.

Applications stand disposed of.

(ii) I.A.Nos. 168557/2019, 168564/2019, 168569/2019, 168578/2019

List after one week.

[ CHARANJEET KAUR ] [ INDU KUMARI POKHRIYAL ] A.R.-CUM-P.S. ASSTT. REGISTRAR

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