ITEM NO.301 & 303 COURT NO.2 SECTION PIL-W/X

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

WRIT PETITION (CIVIL) NO(S). 562/2009

SAMAJ PARIVARTANA SAMUDAYA & ORS. PETITIONER(S)

VERSUS

STATE OF KARNATAKA . & ORS. RESPONDENT(S) (I.A. NOS. 269, 43528, 37377, 59832, 24335, 212, 62856 I.E. (APPLICATIONS FOR DIRECTIONS) AND I.A. NO. 80275/2018 ARISING OUT OF REPORT NO. 18 OF THE CEC. THE FOLLOWING ADVOCATES NAME MAY BE SHOWN AGAINST THE SAID I.AS MR. SHYAM DIVAN, SR. ADV (A.C.), MR. A.D.N. RAO, ADV (A.C.), MR. SIDDHARTH CHOWDHARY, ADV (A.C.), MR. PRASHANT BHUSHAN, ADV, MS. ANITHA SHENOY, ADV, MR. KUMAR DUSHYANT SINGH, ADV, MR. A. RAGHUNATH, ADV, M/S. KHAITAN)

W.P.(C) NO.448/2018

Date : 19-07-2018 These cases were called on for hearing today.

Mr. O.P. Bhadani, Adv.

CORAM :

HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE NAVIN SINHA

For parties:

Mr. Shyam Divan, Sr. Adv (A.C.), Mr. A.D.N. Rao, Adv (A.C.), Mr. Siddharth Chowdhary, Adv. (A.C.), Mr. Prashant Bhushan, Adv. Mr. Govind Jee, Adv. Mr. T. Sudhakar, Adv. Ms. Aparna Bhat, AOR State of Karnataka Ms. Anitha Shenoy, AOR Ms. Srishti Agnihotri, Adv. Ms. Remya Raj, Adv.

Digitally signed by VINOD LAKHINA Date: 2018.07.19 16:54:11 IST Reason: Signature Not Verified

FIMI(South)	Mr. Krishnan Venugopal, Sr. Adv.<br>Mr. Aditya Naryan, Adv.<br>Mr. Rohit Sharma, Adv.<br>Mr. Rounak Nayak, Adv.<br>Mr. Anshul Chowdhary, Adv.<br>Mr. Kumar Dushyant Singh, Adv.
	For M/S Lex Regis Law Offices, AOR
	Mr. Yashraj Singh Deora, AOR
JSW Steel Ltd.	Mr. Chander Uday Singh, Sr. Adv.<br>Mr. Rajat Jariwal, Adv.<br>Mr. Aakash Bajaj, Adv.<br>Mr. Sanjeev K. Kapoor, Adv.<br>For M/S Khaitan And Co., AOR
	Mr. Prakash Kumar Singh, AOR
	Mr. P. S. Sudheer, AOR
	Mr. Jayant Mohan, AOR.
	Mr. Vikas Mehta, AOR
	Ms. Uttara Babbar, AOR
	Dr. Sushil Balwada, AOR
	Mr. Sridhar Potaraju, AOR
	Mr. Snehasish Mukherjee, AOR
	Mr. Shailesh Madiyal, AOR
	Mr. Senthil Jagadeesan, AOR
	Ms. Ranjeeta Rohatgi, AOR
	Mr. Rakesh K. Sharma, AOR
	Mr. Rajesh Mahale, AOR
	Mr. Rajeev Maheshwaranand Roy, AOR
	Mr. Prashant Kumar, AOR

	Mr. P. V. Dinesh, AOR
	Mr. Neeraj Shekhar, AOR
	Mr. Naveen R. Nath, AOR
	Mr. Munawwar Naseem, AOR
	Mr. Mukesh Kumar Maroria, AOR
	Mr. Merusagar Samantaray, AOR
	Ms. Manjula Gupta, AOR
	Mr. Kunal Verma, AOR
	for M/s Karanjawala & Co., AOR
	Mr. G. N. Reddy, AOR
	Mr. Dinesh Kumar Garg, AOR
	Mr. Chandra Prakash, AOR
	Mr. Chanchal Kumar Ganguli, AOR
	Mr. Bhargava V. Desai, AOR
	Mr. Balaji Srinivasan, AOR
	Mr. Arvind Kumar Sharma, AOR
	Mr. Ankur S. Kulkarni, AOR
	Ms. Anjani Aiyagari, Adv.
	Ms. Aniruddha P. Mayee, AOR
	Mr. Anil Kumar Mishra-I, AOR
	Mr. Akhil Anand, AOR
	Mr. Adarsh Upadhyay, AOR
M/s Sandur M&IOL	Mr. Sunil Dogra, Adv.<br>Mr. Vivek Vishnoi, Adv.<br>Mr. Abhishek Sharma, AOR

3

	Ms. A. Sumathi, AOR
IA 37377	Mr. Krishnan Venugopal, Sr. Adv.<br>Mr. Uday Tiwary, Adv.<br>Mr. A. Raghunath, AOR
	Ms. Vaijayanthi Girish, AOR
	Ms. Sudha Gupta, AOR
	for M/s Parekh & Co., AOR
	Ms. Kirti Renu Mishra, AOR
	for M/s Ap & J Chambers, AOR
Deptt. Of Steel	Mr. Maninder Singh, ASG<br>Mr. R. Balasubramanium, Adv.<br>Mr. N.K. Karhail, Adv.<br>Mr. Raj Bahadur, Adv.
IA 269<br>NMDC	Mr. K.K. Venugopal, AG<br>Mr. K. Raghavacharyulu, Adv.<br>Mr. Kailash Pandey, Adv.<br>Mr. Ranjeet Singh, Adv.<br>Mr. Gaichngpou Gangmei, AOR
State of Rajasthan	Mr. S.S. Shamshery, AAG, Rajasthan<br>Mr. Amit Sharma, Adv.<br>Mr. Sandeep Singh, Adv.<br>Mr. Ankit Raj, Adv.<br>Mr. Nidhi Jaiswal, Adv.<br>Ms. Indira Bhakar, Adv.<br>Ms. Ruchi Kohli, Adv.
UOI	Mr. Maninder Singh, ASG<br>Mr. Sarad Kumar Singhania, Adv.<br>Mr. R. Balasubramanium, Adv.<br>Mrs. Asha G. Nair, Adv.<br>Mr. G.S. Makker, AOR
CBI	Mr. Maninder Singh, ASG<br>Mr. Rajiv Nanda, Adv.<br>Mr. R. Balasubramanium, Adv.<br>Mr. P.K. Dey, Adv.<br>Mr. Arvind Kr. Sharma, AOR
	Mr. M.K. Maroria, AOR

Mr. Maninder Singh, ASG Mr. R. Balasubramanium, Adv. Ms. Aarti Sharma, Adv. Mr. Prabhas Bajaj, Adv. Ms. Vimla Sinha, Adv. Mr. Amarjeet Singh, Adv. Ms. Anil Katiyar, AOR.. Ms. S. Usha Reddy, AOR Ms. Rohini Musa, AOR Mr. Basavaprabhu S. Patil, Sr. Adv. Mr. Darpan K.M., Adv. Ms. Hetu Arora Sethi, AOR. Mr. Guntur Prabhakar, AOR WP(C) 448/2018 Mr. Vaibhav Srivastava, Adv. Mr. Aman Pandey, Adv. Mr. Kabir Dixit, AOR Mr. Ramjee Pandey, Adv. Mr. Ankit Pandey, Adv. Mr. Shashank Shekhar Singh, AOR. In place of Mr. Samir Ali Khan, AOR UPON hearing the counsel the Court made the following O R D E R

I.A. NO.269 OF 2017 IN W.P.(C) NO.562 OF 2009 [FOR DIRECTIONS] FILED ON BEHALF OF NMDC LTD

Report submitted by Shri M.K. Jiwarajka, former Member Secretary, Central Empowered Committee (C.E.C.) be placed before the C.E.C. for its comments.

A copy of the said report be also given to Shri Shyam Divan, learned Amicus Curiae who is requested to offer his views on the suggestions/objections contained in the said report.

Shri M.K. Jiwarajka, former Member Secretary, Central Empowered Committee is requested, as ordered earlier, to continue to be present in each hearing of the case and submit his views in each of the I.As. that may be filed from time to time. Such views will be submitted directly to the Court. This is in reiteration of our earlier order dated 16th and 24th August, 2017.

I.A. NO.43528 OF 2018 IN W.P.(C) NO.562 OF 2009 [FOR DIRECTIONS] FILED ON BEHALF OF THE STATE OF KARNATAKA

Order dated 30th July, 2015 passed by this Court would require no modification. I.A. NO. 43528 of 2018 shall stand closed accordingly.

I.A. NO.37377 OF 2018 IN W.P.(C) NO.562 OF 2009 [FOR DIRECTIONS] FILED ON BEHALF OF BR GANAPATHI SINGH – APPLICANT AND I.A. NO.212 OF 2014 (FOR DIRECTION) FILED ON BEHALF OF BALAJI PRODUCE COMPANY

Response of the lessees to the Report No.29 of 2018 dated 18th July, 2018 in I.A. No.37377/2018 and Report No.30 of 2018 dated 18th July, 2018 in I.A. No.212 of 2014 filed by the C.E.C. may be filed within four weeks.

On the next date the State of Karnataka will place before the Court the position with regard to the Notifications proposing to constitute Reserve Forests which have been kept at the stage of Section 4 of the Karnataka Forest Act, 1963. As the number of such Notifications is stated by the C.E.C. in its report to be over 2000, the reasons why such Notifications have not proceeded beyond the preliminary stage may be placed before the Court.

List the applications on 30th August, 2018 at 2.00 p.m.

I.A. NO.59832/2018 IN I.A. NO.5/2011 IN WP(C) NO.562/2009 (FOR DIRECTION) FILED ON BEHALF OF THE KARNATAKA IRON AND STEEL MANUFACTURERS ASSOCIATION

List the applications on 30th August, 2018 at 2.00 p.m.

I.A. NO.24335 OF 2018 (FOR DIRECTIONS) FILED ON BEHALF OF FIMI (SOUTH)

We have perused the Report No. 28 of 2018 filed by the C.E.C. on 16th July, 2018. Karnataka Iron And Steel Manufacturers Association ("KISMA") represented by Shri C.U. Singh, learned Senior Counsel. Learned Senior Counsel for the KISMA seeks some time to explain some of the defects mentioned in the report (No.28 of 2018) of the C.E.C dated 16th July, 2018, namely, to the effect that the internal demand for iron ore is not to the extent as had been suggested by the Monitoring Committee and also the reasons as to why in the auction sales only small quantities of iron ore put for auction could be sold.

List the applications on 30th August, 2018 at 2.00 p.m.

I.A. NO.62856 (APPLICATION FOR DIRECTIONS)

C.E.C. to submits its report within four weeks.

List the applications on 30th August, 2018 at 2.00 p.m.

I.A. NO.80275/2018 (@ Report of 18 of CEC)

Learned counsel for the State of Karnataka submits that while the demand of taxes has been brought down to 'NIL' the question of penalty and interest would survive.

Having regard to the nature of the public duties that are performed by the Monitoring Committee we do not consider it appropriate to allow the State of Karnataka to proceed in the matter for recovery of any penalty or interest. We, however, direct the Monitoring Committee to be vigilant in the future and to submit returns as per the norms in force.

In view of what we have stated above, the observations contained in the report of the Audit shall be understood to have been deleted.

List the applications on 30th August, 2018 at 2.00 p.m.

I.A. NO.72697 OF 2017 [FOR DIRECTIONS] FILED ON BEHALF OF THE SAMAJ PARIVARTAN SAMUDAYA & ORS. AND I.A. NO.95498/2018 [FOR DIRECTIONS] FILED ON BEHALF OF JSW STEEL LTD.

Upon being mentioned, the I.As. are taken on board.

List the applications on 30th August, 2018 at 2.00 p.m.

W.P.(C) NO.448/2018

Ms. Anitha Shenoy represents respondent Nos. 1 and 3 which respondents has not yet been served. As the said respondents are now represented, Office to treat service to be complete and proceed in the matter.

The said Respondent may file their counter affidavit within four weeks from today.

List the matter on 30th August, 2018 at 2.00 p.m.

[VINOD LAKHINA] [ASHA SONI]

AR-cum-PS BRANCH OFFICER