2011 (9) TMI 1250 - SC - Indian Laws

Summary

Issues involved:
The judgment involves the modification of a previous order based on the recommendations of the Central Empowered Committee (CEC) regarding the sale and accounting of iron ore stock in certain districts. The key issues include the modalities for sale, participation eligibility, physical verification, auction procedures, payment obligations, establishment of a Monitoring Committee, and engagement of a public sector enterprise for conducting e-auctions.

The judgment discusses the recommendations made by the CEC in its report dated 1st September, 2011, regarding the sale of existing iron ore stock. The modalities proposed include selling 1.5 million MT of iron ore per month through e-auctions, with specific conditions for participation by steel industries and beneficiation plants. The physical verification of stock, auction procedures, and payment obligations are detailed to ensure transparency and compliance with regulations.

The judgment outlines the establishment of a Monitoring Committee comprising forest and mining officials to oversee the sale and transportation of iron ore stock. The Committee is tasked with various responsibilities, including determining auction terms, verifying stock, monitoring payments, and addressing complaints. The judgment emphasizes the importance of effective oversight to prevent violations and ensure fair practices in the iron ore trade.

The judgment recommends engaging a public sector enterprise, MSTC Ltd., for conducting e-auctions of iron ore stock. The service charge for MSTC Ltd. is proposed at 0.3% of the sale value, deemed fair and reasonable compared to other offers. Additionally, the judgment specifies that the Monitoring Committee should not utilize sale proceeds except for specific purposes outlined in the recommendations, ensuring proper allocation and utilization of funds.

The judgment extends the modalities established for iron ore sales to also cover manganese ore available in the respective mining leases. By applying similar procedures and oversight mechanisms, the judgment aims to maintain consistency and transparency in the sale and accounting of both iron and manganese ore stocks.