Common Cause vs. Union Of India
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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 NOS. 149040/2022 AND 21132/2023 (APPLNS. FOR EXTENSION OF TIME AND PERMISSION TO FILE ADDL. DOCUMENTS ON BEHALF OF MIDEAST INTEGRATED STEELS LTD.) 2) IA NOS. 130079/2018 AND 130083/2018 (APPLNS. FOR DIRECTIONS AND CONDONATION OF DELAY ON B/O MRUNAL DAS) 3) IA NOS. 27088 AND 30300/2022 (APPLNS. FOR IMPLEADMENT AND DIRECTIONS ON BEHALF OF SANJAY KR. PAUL)
Date : 06-04-2023 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MRS. JUSTICE B.V. NAGARATHNA
| Amicus Curiae | Mr. Harish Salve, Sr. Adv. (Not Present) |
|---|---|
| Ms. Aparajita Singh, Sr. Adv. | |
| Mr. A. D. N. Rao, Sr. Adv. | |
| Mr. Siddhartha Chowdhury, Sr. Adv. | |
Counsel for the parties Mr. Prashant Bhushan, AOR
Mrs. Neha Rathi, Adv. Mr. Anurang Tiwary, Adv. Mr. Pranav Sachdeva, Adv.
Mr. Rakesh Dwivedi, Sr. Adv. Mrs. Kirti Renu Mishra, AOR Mrs. Sansriti Pathak, Adv. Mrs. Apurva Upmanyu, Adv.
Mr. Ashok Kumar Panda, Sr. Adv. Mr. Tejaswi Kumar Pradhan, AOR Mr. Manoranjan Paikaray, Adv. Mr. Shashwat Panda, Adv.
Ms. Priyadarshni Priya, Adv. Mr. Rajesh Singh Chauhan, Adv. Mr. Apoorv Kurup, Adv. Mr. S. N. Terdal, Adv.
ITEM NO.35 COURT NO.3 SECTION PIL-W
Mr. Gaurav Kejriwal, AOR Mr. Sunil Dogra, Adv. Mr. Vivek Vishnoi, Adv. Mr. Abhishek Sharma, AOR M/S. Khaitan & Co., AOR Mr. Ramendra Mohan Patnaik, AOR Mr. Himinder Lal, AOR Mr. Mukesh Kumar Maroria, AOR M/S. Karanjawala & Co., AOR Mr. Mukul Kumar, AOR Mr. Balaji Srinivasan, AOR Mr. Shibashish Misra, AOR Mr. Naveen Kumar, AOR Ms. Stuti Bisht, Adv. Mr. Nitesh Bhandari, Adv. Mr. Shourajeet Chakravarty, Adv. Ms. Aprajita Bhardwaj, Adv. Mr. Prabhat Kumar Rai, Adv. Mr. Ashok Panigrahi, AOR Ms. Geetanjali Das Krishnan, Adv. Mr. Nabab Singh, Adv. Mr. Raj Kumar Mehta, AOR Mr. B. Krishna Prasad, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. Sunil Kumar Jain, AOR Ms. Movita, AOR Ms. Ruchi Kohli, AOR M/S. Aura & Co., AOR Mr. Mahesh Agarwal, Adv. Mr. E. C. Agrawala, AOR Mr. Lakshmi Raman Singh, AOR Ms. Aishwarya Bhati, A.S.G. Mr. Gurmeet Singh Makker, AOR Ms. Saudamini Sharma, Adv. Ms. Chinmayee Chandra, Adv. Mr. Tarkeshwar Nath, Adv. Mr. Rajat Nair, Adv. Ms. Suhasini Sen, Adv. Dr. Arun Kumar Yadav, Adv. Ms. Deepali Tuka Ram, Adv. Mr. Hitesh Kumar Sharma, Adv. Mr. S. K. Rajora, Adv. Mr. Akhileshwar Jha, Adv.
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Mr. Amit Kumar Chawla, Adv. Ms. Yamini Sharma, Adv. Mr. Naresh Kumar, Adv. Mr. Lakshmi Raman Singh, AOR Mr. Preshit Vilas Surshe, AOR Mr. Naveen Kumar, AOR Ms. Stuti Bisht, Adv. Mr. Nitesh Bhandari, Adv. Mr. Shourajeet Chakravarty, Adv. Ms. Aprajita Bhardwaj, Adv. Mr. Prabhat Kumar Rai, Adv. Mr. Hitendra Nath Rath, AOR Ms. Uttara Babbar, AOR Mr. Madhav Maira, Adv. M/S. Aura & Co., AOR Mr. Sandeep Devashish Das, AOR Mr. Ashok Panigrahi, AOR Ms. Geetanjali Das Krishnan, Adv. Mr. Nabab Singh, Adv. M/S. Khaitan & Co., AOR Mr. Gaurav Khanna, AOR Mr. Sibo Sankar Mishra, AOR Mr. Sunil Mund, Adv. Mr. Debabrata Dash, Adv. Ms. Apoorva Sharma, Adv. Mr. Dhananjaya Mishra, AOR Mr. Shovan Mishra, AOR Mr. Shadan Farasat, AOR UPON hearing the counsel the Court made the following
IA NOS. 149040/2022 AND 21132/2023
O R D E R
Heard learned counsel for the parties.
As a last chance, we order that the petitioner is granted three months' time from today to sell the iron ore in question.
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In case it is not completed within three months from today, it will be open to the respondent – State to take over and sell the iron ore in question. Needless to say, the other conditions in the earlier order dated 15.01.2020 shall remain the same.
The amount which is realized from the sale shall mandatorily be credited to the SPV in terms of the order dated 02.08.2017 of this Court. We also make it clear that the State can, in the meantime, simultaneously begin the process for conducting the auction of the Leasehold Area in accordance with law.
Needless to say that the State will be free also to proceed with the recovery of the amount due from the applicant, which is said to be in the region of Rs. 600 crores plus interest. The only condition is that the State must give due credit for the amounts fetched in the sale which is permitted by this Order and take into consideration any amount tendered earlier.
We only observe that the Committee which is to supervise the matter will act with expedition.
The applications are disposed of.
I.A.No. 130083/2018
Delay in making the deposit of compensation is condoned.
The application is disposed of.
I.A.No. 30300/2022
The learned counsel for the State and the learned Amicus Curiae to get instructions as to whether the mining lease granted in favour of the applicant on 09.10.1985 for a period of 20 years has been refused to be renewed, but subsequently the rejection has been set aside, as claimed by the applicant.
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It will be submitted on the next occasion before the Court as to whether the applicant has a legal right in terms of Section 8A(3) of The Mines and Minerals (Development and Regulation) Act, 1957 to have the lease continued for a period of 50 years from 1985, which means till 2035.
List on 14.04.2023.
I.A.No. 42571 of 2023
List on 14.04.2023.
(JAYANT KUMAR ARORA) (RENU KAPOOR) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR