(Ranjan Gogoi, R.K. Agrawal and N.V. Ramana, JJ.)
Samaj Parivartana Samudaya & Ors. ___________________ Petitioner(s)
v.
State of Karnataka & Ors. _________________________ Respondent(s)
I.A. Nos. 204, 219 & 223 in I.A. No. 204 in Writ Petition (Civil) No(s). 562/2009, decided on July 30, 2015
The Order of the court was delivered by
Order
I.A. NO. 219 IN I.A. NO. 204 IN W.P. (C) NO. 562/2009
1. Learned counsel appearing for the applicant prays for liberty to withdraw I.A. No. 219 for intervention. He is permitted to do so. Accordingly, I.A. No. 219 is closed on withdrawal.
I.A. NO. 204 IN W.P. (C) NO. 562/2009
2. Mr. M.K. Jiwrajka, Member Secretary, Central Empowered Committee (CEC) on being called upon by the Court with reference to the prayer of the applicant-Federation of Indian Mineral Industries (FIMI) made in paragraph 42 of the Additional Affidavit dated 20th February, 2015 in I.A. No. 204 has made a statement that the production limit of all the mines taken together may exceed the cap of 30 Million Metric Tonnes. However, the actual production cannot exceed the said figure.
3. In view of the aforesaid statement made by Mr. Jiwrajka, Member Secretary, CEC, we see no difficulty in the CEC considering the prayer made by the applicant FIMI in paragraph 42, as stated above, which obviously will be as per the norms contained in Para 8 (21) of the judgment in Samaj Parivartana Samudaya v. State of Karnataka (2013) 8 SCC 154].
4. A prayer has also been made in the Additional Affidavit filed on behalf of the FIMI dated 21st March, 2015 for a direction to the CEC to refund the guarantee monies deposited by the lessees who have completed the R&R works, after necessary satisfaction that the works have been completed. The CEC is to file a report on completion of such works by the leaseholder(s) whereafter the Court will pass appropriate orders.
5. List the application on the next date fixed.
———
