(Madan B. Lokur and Deepak Gupta, JJ.)
Common Cause _____________________________________ Petitioner;
v.
Union of India . and Others ________________________ Respondent(s).
Writ Petition(s) (Civil) No(s). 114/2014, decided on November 22, 2017
(1) In Re: Central Empowered Committee Report Alongwith Interlocutory Applications and Objections to CEC Report Filed by Jindal Steel and Power Limited, Sarda Mines Pvt. Ltd., Rungta Group of Companies and Essel Mining and Industries Ltd.
(2) In Re: Applications/Objections of Eight Mining Lease Holders I.E. R.P. SAO, Indrani Patnaik, M/s. K.J.S. Ahluwalia, M/s. Aryan Mining and Trading Corpn. Ltd., M/s. Mideast Integrated Steel Ltd., Kavita Agrawal, Mala Roy and Ors. and M/s. Sharda Mines (P) Ltd. on Question of Appointing A Committee in Respect of the Applicability of Rule 37 of MCR
(3) I.A. Nos. 103048/17 and 120011/2017 (Appln. For Intervention and Directions on B/o Udayabhanu), IA No. 108236/2017 (Appln. For Directions on B/o Steel Authority of India Ltd.), IA Nos. 123256 and 123263/2017 (Applns. For Impleadment and Directions on B/o M/s. Bhanja Minerals Ltd.)
The Order of the court was delivered by
Order
1. We have heard learned counsel for the parties in respect of issues pertaining to violation of Section 6 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the “MMDR Act”) and violation of Rule 37 of the Mineral Concession Rules, 1960 (hereinafter referred to as the “MCR”).
2. In our judgment and order dated 2nd August, 2017 reported in 2017 (8) SCALE 528 : (2017) 9 SCC 499, we had observed that we would hear learned counsel for the parties on these issues and the discussions in this regard are to be found in Paragraphs 187 to 195 in respect of violation of Section 6 of the MMDR Act and Paragraphs 196 to 204 in respect of violation of Rule 37 of MCR.
3. Learned counsel for all the parties including the State of Odisha as well as for the petitioner and learned amicus curiae are in agreement that a Committee may be appointed to look into these issues in terms of the decision rendered by us.
4. The terms of the reference of the said Committee consisting of Hon’ble Mr. Justice G.S. Singhvi and Hon’ble Mr. Justice Anil R. Dave, retired Judges of this Court are as follows:
(i) The Committee shall examine the cases of the lessees mentioned in the aforesaid paragraphs and ascertain whether there has been any violation of Section 6 of the Mines and Minerals (Development and Regulation) Act, 1957 and violation of Rule 37 of the Mineral Concession Rules, 1960 by any of them;
(ii) The Committee shall examine the matter de novo after issuing notice and giving a hearing to the lessees, the petitioner, learned amicus curiae and the State of Odisha and the raising contractors. The parties shall be entitled to place all relevant material before the Committee.
(iii) The Committee shall be at liberty to formulate its procedure to be adopted for hearing the parties.
(iv) The Committee may seek the assistance of independent counsel, experts and secretarial staff, if required.
5. Learned counsel for the concerned lessees says that they will bear the expenses for the proceedings before the Committee. In the first instance, they will deposit an amount of Rs. 50 lakhs with the Principal Secretary (Mines), Government of Odisha within two weeks from today. The State of Odisha will provide all facilities to the Committee to carry out its duties and responsibilities and will also disburse the expenses that may be incurred by the Committee from time to time.
6. It is made clear that the honorarium to be paid to the retired Hon’ble Judges will be decided by them.
7. It is suggested by learned counsel for the lessees that the venue of the proceedings may preferably be in Delhi, but, of course, the Committee will be entitled to hold its sittings in any other place in Odisha.
8. We request the Committee to endeavour to submit their report within a period of 12 weeks from the date of the first hearing.
9. It is submitted by learned counsel appearing on behalf of State of Odisha that insofar as Kavita Agrawal (Kusumdihi Manganese Mines, Sundergarh) is concerned, her lease was terminated by the State and the Central Government has also dismissed her revision petition on 28th April, 2014. Kavita Agrawal has filed a writ petition challenging the termination of her lease and the writ petition is pending in the Odisha High Court.
10. As far as the show-cause notice issued to Kavita Agrawal by the Committee appointed by the State of Odisha is concerned, a decision was taken against her, but it appears that she has not challenged that decision.
11. As far as the Aryan Mining & Trading Corporation Pvt. Ltd., Narayanposhi Iron Ore Mines, Sundergarh is concerned, it is stated by learned counsel for this mining lease holder that a hearing has already been given and the orders reserved by the Committee appointed by the State of Odisha. He, therefore, says that he would like to pursue any remedy that may be available to him depending upon the decision given by the Committee set up by the State of Odisha and would not like to be subject to the Committee appointed by this Court and will not be a part of batch of cases before the Committee appointed by this Court.
12. The concerned authorities may pass appropriate orders in the case of Aryan Mining & Trading Corporation Pvt. Ltd.
13. In view of the above, some of the writ petitions filed by some of the lessees as well as by the State of Odisha in the High Court of Odisha will be rendered infructuous. The State of Odisha may take appropriate steps in that regard.
14. The report of the Committee may be placed before this Court for consideration as soon as the same is filed in the Registry of this Court.
15. List the matter on 5th December, 2017.
16. Mr. A.D.N. Rao, learned amicus curiae says that the CEC has fixed a hearing on 28th November, 2017 at 11.00 a.m.
I.A. NOS. 103048/17 AND 120011/2017 (APPLN. FOR INTERVENTION AND DIRECTIONS ON B/O UDAYABHANU), IA NO. 108236/2017 (APPLN. FOR DIRECTIONS ON B/O STEEL AUTHORITY OF INDIA LTD. ), IA NOS. 123256 AND 123263/2017 (APPLNS. FOR IMPLEADMENT AND DIRECTIONS ON B/O M/S. BHANJA MINERALS LTD.)
17. Applications are dismissed.
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