Gulam Sulemaan(D) vs. Union Of India And Ors Northern Railway Thr. General Manager

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 (C) No(s). 23872/2012

[Arising out of impugned final judgment and order dated 27-04-2012 in DBCWP No. 2959/1996 passed by the High Court of Judicature for Rajasthan at Jodhpur]

GULAM SULEMAAN(D) Petitioner(s)

VERSUS

UNION OF INDIA AND ORS Respondent(s)

([ TO BE TAKEN UP AT THE TOP OF THE CAUSE LIST ])

WITH SLP(C) Nos.24922/2012 and 24944/2012

Date : 26-11-2024 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

For Petitioner(s)

Mr. Salman Khurshid,Sr.Adv. Mr. Abdul Mannan,Adv. Mr. Irshad Ahmad, AOR Ms. Sommya Chaturvedi,Adv. Mr. Aman Khullar,Adv. Mr. Sandeep Jindal, AOR Mr. Nizam Pasha, Adv. Mr. Lzafeer Ahmad B. F., AOR Mr. Awstika Das, Adv. Mr. Rabin Majumder, AOR Mr. Shubham Kashyap, Adv. Mr. Sujoy Mondal, Adv. Ms. Mousumi Roy, Adv. Ms. Seema Kashyap, Adv. Mr. Nand Ram, Adv. Mr. Dusmanta Kumar Pradhan, Adv.

For Respondent(s)

Mr. Nachiketa Joshi,Sr.Adv. Ms. Swarupama Chaturvedi, Adv. Mr. Chinmayee Chandra, Adv. Mr. Gaurang Bhushan, Adv. Mr. Shaurya Rai, Adv. Mr. Amrish Kumar, AOR Ms. Nidhi Jaswal, AOR Mr. Shiv Mangal Sharma, A.A.G. Ms. Nitika Rawat, Adv. Mrs. Anil Katiyar, AOR

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

SLP(Civil)No.24922 of 2012

The learned counsel appearing for the respondent-State Government makes a statement that the petitioners have complied with the undertaking referred in the order dated 28th January, 2019 passed by the Additional Director of Mines of the State Government and have constructed a wall as undertaken. On instructions, she states that in view of these factual aspects, the State does not desire to recover any compensation from the petitioners in terms of clause (2) of the operative part of the impugned judgment.

In view of these statements made by the respondent-State Government, it is not necessary to pass any order and obviously no further steps shall be taken against the petitioners on the basis of the impugned judgment.

By taking the statements of the respondent-State on record, the Special Leave Petition is disposed of.

2

Pending application, if any, also stands disposed of.

SLP(Civil)No.23872 of 2012

We have perused Annexure P-13 which is permission/No Objection Certificate (NOC) for mining dated 17th November, 1994 granted to the petitioner. It records that the NOC will remain valid for a period of one year from the date when permission for mining is given by the Director General of Mines Safety, Ajmer.

Our attention is invited to Annexure P-14 which is a letter dated 1st August, 1995 issued by the Director of Mines Safety, Ajmer Region, Ajmer granting permission for mining. The NOC dated 17th November, 1994 was not extended and the period of NOC expired on 31st July, 1996.

The learned senior counsel appearing for the Railways to take instructions whether after 31st July, 1996, any mining activity was carried out in the area in which the same could not have been carried out without the permission of the Railways.

To be listed on 11th December, 2024 as a part-heard matter.

SLP(Civil)No.24944 of 2012

We permit the petitioner to file additional documents.

Our attention is invited to ground (IV) taken in the Special Leave Petition.

3

We direct the learned senior counsel appearing for the Railways and the learned counsel appearing for the respondent-State to take instructions on this aspect.

To be listed on 11th December, 2024 as a part-heard matter.

The Registry to place the application for additional documents filed by the petitioner on record.

(ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER