The State Of Karnataka vs. Sri B. R. Ganapathi Singh

þK1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION I.A. NO.188/2013, I.A. NO.194/2013, I.A. NO.272/2017 IN I.A. NO.268/2016, I.A. NOS.225/2014, 230/2014 & 244/2015 IN I.A. NO.188/2013, I.A. NO.223 OF 2014 IN I.A. NO.204 IN WRIT PETITION(S)(CIVIL) NO(S).562/2009 SAMAJ PARIVARTANA SAMUDAYA & ORS. PETITIONER(S) VERSUS STATE OF KARNATAKA & ORS. RESPONDENT(S) O R D E R I.A. No.188/2013 Nothing survives in the present application for consideration. Accordingly I.A. No.188 of 2013 is closed as infructu ous. The relief prayed insofar as auction of Category 'C' mining leases are concerned as the matter is being dealt with by this Court in separate proceedings; it will be open for the applicant (Karnataka Iron & Steel Manufacturers Association) to participate in the said proceedings and seek relief(s), if any, therein. I.A. No.194/2013 The present application is not pressed and is, therefore, dismissed as not pressed. I.A. NO.272/2017 IN I.A. NO.268/2016 None appears. The present application is, therefore, 2 dismissed as not pressed. I.A. NOS.225/2014, 230/2014 & 244/2015 IN I.A. NO.188/2013 I.A. Nos.225/2014, 230/2014 & 244/2015 in I.A. No.188/2013 in W.P.(C) No.562/2009 have become infructuous and are disposed of as such. I.A. NO.223 OF 2014 IN I.A. NO.204 None appears for the applicant ⬠Tata Steel Limited and, therefore, I.A. is dismissed as not pressed. ....................,J. (RANJAN GOGOI) ....................,J. (PRAFULLA C. PANT) ...................,J. (NAVIN SINHA) NEW DELHI APRIL 25, 2017 3 ITEM NO.301+303 COURT NO.4 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 I.A. Nos. 188/13, 204/14, 248/15 & 267 in I.A.No.248, 194/13, 268/16, 272 in I.A. No.268 & 273 in Writ Petition(s)(Civil) No(s).562/2009 SAMAJ PARIVARTANA SAMUDAYA & ORS. Petitioner(s) VERSUS STATE OF KARNATAKA & ORS. Respondent(s) (With applns. for directions and intervention and office report) With I.A. Nos.225, 230, 244 IN I.A. No.188, I.A. No.223 in I.A. No.204, I.A. No.266 in I.A. No.248 in W.P.(C) No.562/2009 (Appln.(s) for permission to place on record affidavit of the Chief Secretary, Govt. of Karnataka, Extension of time, Directions, impleadment, intervention and office report)

Date : 25/04/2017 These applications were called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE PRAFULLA C. PANT HON'BLE MR. JUSTICE NAVIN SINHA Amicus Curiae Mr. Shyam Divan, Sr. Adv. (NP) Mr. A.D.N. Rao, Adv. Mr. Siddhartha Chowdhury,Adv. For Parties : Mr. Prashant Bhushan, AOR Mr. Govind Jee, Adv. Mr. Fali S. Nariman, Sr. Adv. Mr. Sunil Dogra, Adv. Mr. Vivek Vishnoi, Adv. Mr. Abhishek Sharma, Adv Mr. S.K. Sharma, Adv. Ms. Pinky Anand,ASG Ms. Asha Gopalan Nair, Adv. Mr. Kabir Hathi,Adv. Mr. Rajesh Ranjan, Adv. 4 Ms. Saudamini Sharma, Adv. Mr. G.S. Makker, Adv. Mr. Maninder Singh, ASG Mr. P.K. Dey, Adv. Mr. R. Balasubramanyan, Adv. Mr. Ajay Sharma, Adv. Mr. M.K. Maroria, Adv. Mr. Maninder Singh, ASG Mr. Syed Abdul Haseeb, Adv. Ms. Vimla Sinha, Adv. Ms. Anil Katiyar, Adv. Mr. Gopal Subramanium, Sr. Adv. Mr. Vikas Mehta, AOR. Ms. Amrita Sanghi, Adv. Ms. Anushree Menon, Adv. Mr. Ankur Kashyap, Adv. Mr. Gopal Subramanium, Sr. Adv. Mr. Aditya Narayan, Adv. Mr. Rohit Sharma, Adv. Mr. Roonak Nayak, Adv. Mr. Kumar Dushyant Singh, AOR Mr. C.U. Singh, Sr. Adv. Mr. Rajat Jariwal, Adv. Mr. Akkash Bajaj, Adv. Mr. Sanjeev K. Kapoor, Adv. M/s. Khaitan & Co., AOR Ms. Anitha Shenoy, AOR Ms. Srishti Agnihotri, Adv. Ms. Dharani Subramanian, Adv. Ms. Mythili Vijay Kumar Thallam, Adv. Mr. K. Raghavacharyulu, Adv. Mr. Kailash Pandey, Adv. Mr. Ranjeet Singh, Adv. Ms. Anitha Shinoy, Adv. Mr. K.V. Sreekumar, Adv. Mr. K.N. Phanindra, Adv. Mr. Ninad Laud, Adv. Mr. Karan Mathur, Adv. Mr. Anjuman Tripathy, Adv. Mr. Jayant Mohan, AOR Mr. Akhil Anand, AOR Mr. O.P. Bhadani, AOR

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Mr. Vadivelu Deenadayalan, AOR M/s. Karanjawala & Co., AOR

Mr. Kunal Verma, AOR

UPON hearing the counsel the Court made the following O R D E R I.A. No.188/2013 Nothing survives in the present application for consideration. Accordingly I.A. No.188 of 2013 is closed as infructuous. The relief prayed insofar as auction of Category 'C' mining leases are concerned as the matter is being dealt with by this Court in separate proceedings; it will be open for the applicant (Karnataka Iron & Steel Manufacturers Association) to participate in the said proceedings and seek relief(s), if any, therein. I.A. No.204/2014 Updated status report be filed by the applicant as well as by the C.E.C. List the matter after four weeks. As prayed for, learned counsel for the State of Karnataka is also permitted to file reply on behalf of the State in the matter. I.A. No.248/2015 6 Having heard Shri Gopal Subramanium, learned senior counsel for the applicant as well as Shri A.D.N. Rao, learned amicus curiae , we direct the State of Karnataka to place on record the alternate mechanism that has been recommended by the C.E.C. in paragraph 9 of its report dated 28.04.2016 (at page 6) including draft copy of the long term contract/agreement. List the I.A. No.248 of 2015 after six weeks by which time the report of the State of Karnataka shall be filed before the Court. I.A.No. 267/2016 This application has been filed seeking the following relief : (a) Direct the Monitoring Committee to immediately refund 100% of the guarantee monies, with interest as per Order dated 24.02.2014, deposited by the B Category lessees who have completed 100% of the R&R works as shown at Amnnexure-A-4 hereto (at page 40 of I.A. 267/2016). We have perused the report dated 17.09.2015 of the C.E.C. submitted in response to the aforesaid prayer. In paragraph 11(i) of the said report it is stated as follows : (i) this Hon'ble Court may consider permitting the CEC to refund, through the Monitoring Committee, 90% of the guarantee monies deposited by the lessees of 7 ⬠SCategory-B⬠\235 mining leases after most of the prescriptions/provisions of the respective lease wise R&R Plans are implemented to the satisfaction of the Monitoring Committee/CEC and balance 10% after full implementation of the R&R Plans. Having regard to the aforesaid recommendation of the C.E.C. read with the report of the monitoring Committee, which is on record, we direct that 90% of the guarantee monies deposited by the lessees of the ⬠SCategory-B⬠\235 mining leases may be released after the satisfaction of the Monitoring Committee with regard to the implementation of the prescriptions/provisions of

the respective lease-wise R&R Plans. The balance 10%

will be released after full implementation of the said Plans. I.A. No.194/2013 The present application is not pressed and is, therefore, dismissed as not pressed. I.A. NO.268/2016 IN W.P.(C) NO.562 OF 2009 Issue notice to the Central Empowered Committee (⬠SCEC⬠\235 for short) to submit a report to this Court as to whether in the light of the experience gained in the earlier auctions held, the participation of the beneficiation plant should be allowed in the next lot of auctions of category 'C' mines. 8 Notice is returnable in six weeks. I.A. NO.273/2017 IN I.A. NO.5/2011 IN W.P.(C) NO.562 OF 2009 Issue notice to the CEC to explain to the Court as to why in the present circumstances and in the light of the developments that have taken place there is necessity to raise the cap beyond 30 MT. The original writ petitioner [Samaj Parivarthana Samudaya] shall also be at liberty to place its views in the matter along with the State of Karnataka. I.A. NO.266 IN I.A. NO.248 IN W.P.(C) NO.562 OF 2009 List I.A. No.266 in I.A. No.248 along with I.A. No.248. I.A. NO.271/2017 & I.A.NO.268 IN W.P.(C) NO.562 OF 2009 List I.A. No.271/2017 along with I.A. No.268 in W.P.(C) No.562/2009. I.A. NOS.270, 242, 243, 265 IN W.P.(C) NO.562 OF 2009 Office to list I.A. Nos. 270, 242, 243 and 265 in W.P.(C) NO.562 of 2009 on 18 th July, 2017 at 2.00 p.m. I.A. NO.272/2017 IN I.A. NO.268/2016 IN W.P.(C) NO.562 OF 2009 None appears. The present application is, therefore, dismissed as not pressed. 9 I.A. NOS.225/2014, 230/2014 & 244/2015 IN I.A. NO.188/2013 IN W.P.(C) NO.562/2009 I.A. Nos.225/2014, 230/2014 & 244/2015 in I.A. No.188/2013 in W.P.(c) No.562/2009 have become infructuous and are disposed of as such. I.A. NO.223 OF 2014 IN I.A. NO.204 IN W.P.(C) NO.562 OF 2009 None appears for the applicant ⬠Tata Steel Limited and, therefore, I.A. is dismissed as not pressed. (Neetu Khajuria) Court Master (Asha Soni) Court Master