Birla Corporation Limited Managing Director vs. Bhanwar Singh& Ors.

˜' ITEM NO.8 COURT NO.5 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).21211/2012 (From the judgement and order dated 25/05/2012 in DBCWP No.6591/2011 of The HIGH COURT OF RAJASTHAN AT JODHPUR) BIRLA CORPN.LTD. Petitioner(s) VERSUS BHANWAR SINGH & ORS. Respondent(s) (With appln(s) for directions, permission to file synopsis and list of dates and with prayer for interim relief and office report) WITH SLP(C) NO. 22377 of 2012 (With appln(s) for directions and with prayer for interim relief and office report) SLP(C) NO. 23551 of 2012 (With prayer for interim relief and office report) SLP(C) NO. 25186 of 2012 (With prayer for interim relief and office report) SLP(C) NO. 26197 of 2012 ((With appln(s) for directions and with prayer for interim relief and office report) SLP(C) NO. 29698 of 2012 (With office report) Date: 08/03/2013 These Petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE MADAN B. LOKUR For Petitioner(s) Mr. Harish N. Salve, Sr. Adv. Mr. Mukul Rohtagi, Sr. Adv. Mr. Pravin H. Parekh, Sr. Adv. Mr. E.R. Kumar, Adv. Mr. Galav Sharma, Adv. Mr. Kshatrshal Raj, Adv. Mr. Vishal Prasad, Adv. for M/S. Parekh & Co. Mr. S.K. Bagaria, Sr. Adv. Mr. Praveen Kumar, Adv. Mr. Kumar Rajesh Singh, Adv. Ms. Sunaina Kumar, Adv. Dr. Manish Singhvi, Addl. Adv. Gen. Mr. Amit Lubhaya, Adv. Mr. Irshad Ahmad ,Adv. Mr. K.V. Viswanathan, Sr. Adv.

Mr. Abhishek, Adv. Mr. Ambar Qamaruddin, Adv. Ms. Liz Mathew, Adv. Mr. Salman Hashmi, Adv. Mr. Giriraj Subramanium, Adv. Ms. Sana Hashmi, Adv. For Respondent(s) Ms. Aishwarya Bhati,Adv. Mr. Amit Verma, Adv. Mr. Pawan Kr. Saini, Adv. Dr. Prikhshayat Singh, Adv. Mr. K.B. Rohtagi ,Adv. Mr. Mahesh Kasana, Adv. Ms. Aparna Rohtagi Jain, Adv. Dr. Manish Singhvi, Addl. Adv. Gen. Mr. Amit Lubhaya, Adv. Mr. Irshad Ahmad ,Adv Mr. Annam D.N. Rao ,Adv Ms. Mansha Monga, Adv. Ms. Neelam Jain, Adv. Ms. Liz Mathew, Adv. Mr. Salman Hashmi, Adv. Mr. Giriraj Subramanium, Adv. Ms. Sana Hashmi, Adv. M/S. Parekh & Co. Ms. Pragati Neekhra, Adv.

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

On hearing learned senior counsel and learned counsel for the parties, the consensus emerged that for a period of four weeks mining activities without blasting may take place beyond 1 K.M. and within 10 K.M. of Chittorgarh Fort wall to enable the Central Building Research Institute, Roorkee to study the cumulative impact of the entire mining activities within the above area on the Chittorgarh Fort.

Having regard to above consensus, for a period of four weeks, we permit the mining activities from March 18, 2013 without blasting for the operative mining leases within the area as aforenoted. The Central Building Research Institute, Roorkee shall study the cumulative impact of vibration induced by the mining activities and the machines used in connection thereto on Chittorgarh Fort and submit further technical report by April 29, 2013.

It is made clear that permission for mining activities as granted above shall lapse on expiry of four weeks, i.e., on April 14, 2013. From April 15, 2013, the interim order dated January 18, 2013 shall revive.

List the matters on May 3, 2013.

|(Rajesh Dham) | |(Renu Diwan) |