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TMI Blog2014 (4) TMI 1075X X X X Extracts X X X X X X X X Extracts X X X X ..... er applications which are still pending. However, that cannot be pressed into service qua the petitioner whose rights have been crystallised by the judgment rendered in its favour. It cannot be re-opened, that too at the stage of implementation of the said judgment. Respondents/ Contemners are in contempt of orders dated 14.3.2012 passed by this Court in not complying with the directions in respect of Keora area. However, we are giving one final opportunity to them to purge the contempt by transmitting requisite recommendations to the Central Government. It would be for the Central Government to consider the said recommendations on its own merits and in accordance with law. In case the recommendation is sent within one month from the date of copy of receipt of this order, we propose not to take any further action and the respondents/ contemners shall stand discharged from this Contempt Petition. - Decided in favour of Appellant. - CONMT. PET. (C) No. 374 of 2012 In C.A. No. 2790 of 2012 - - - Dated:- 22-4-2014 - NIJJAR, S.S SIKRI, A.K,JJ. JUDGMENT : 1.All the aforesaid matters were heard analogously as they are inter-connected. In fact, it is the judgment dated 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... az Metallics (P) Ltd. in relaxation of Rule 59(1) of the Mining Rules, for a period of 30 years. Challenging these orders, Bhushan Limited filed the writ petition in the High Court on 8.5.2006. This Writ Petition was dismissed by the High Court on 14.12.2007 and challenging this decision Special Leave Petition was filed which was granted converting the SLP into C.A. No. 2790/2012. This appeal was allowed by this Court vide judgment dated 14.3.2012 with the following directions: Accordingly, we allow the appeal and set aside the judgment and order of the High Court of Orissa and also the decision of the State Government dated 9.2.2006, rejecting the Appellant's claim for grant of mining lease. During the course of hearing, we have been informed that Thakurani Block A has large reserves of iron ore, in which the Appellants can also be accommodated. We, accordingly, direct the State of Orissa to take appropriate steps to act in terms of the MOU dated 15.5.2002, as also its earlier commitments to recommend the case of the Appellants to the Central Government for grant of adequate iron ore reserves to meet the requirements of the Appellants in their steel plant at Lapanga . 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... areas, notified as well as non-notified, including the Thakurani area. However, because of the status quo order the applications of the applicant not being considered by the State Government which is adversely affecting the interest of the applicant. WRIT PETITION (CIVIL) NO. 60 OF 2013 7. While narrating the facts of C.A. No. 2790 of 2012 in brief, we had mentioned about the inter se disputes between the family members of erstwhile Bhushan Limited because of which BPSL faced difficulties in getting the grant of iron ore lease. It so happened that during the pendency of the aforesaid appeal, the family members resolved their disputes. On 28.2.2006, Bhushan Limited altered its name to BPSL. Other group got incorporated a company named as M/s. Bhushan Steel Limited (BSL). BSL is the petitioner in the instant petition. This significant development was taken note of in the judgment dated 14.3.2012 in the following manner:- As indicated hereinbefore, on 21st April, 2008, this Court passed an interim order in the Special Leave Petition filed by Bhushan Limited directing the parties to maintain status quo with regard to the lands indicated in the application filed by the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proximately in village Kadalia, Kuriyakudar, Mithirda etc. under Bonai sub-division, District Sundegarh to meet the captive requirements of BSL plants. 9. In essence, the petitioner wants same treatment as is given to BPSL and, therefore, has prayed for the extension of the benefit of judgment dated 12.3.2012 to BSL as well. WRIT PETITION (C) NO. 194 OF 2013 10. This Writ Petition is filed by Jindal Steel and Power Limited (hereinafter referred to as 'Jindal Steel'). It had entered into MOU with the State of Orissa on 8.5.2002. It is stated in the writ petition that this petitioner became an intervenor in C.A. No. 2790 of 2012 to protect its interest which has been duly taken note of in the judgment dated 14.3.2012 in the following manner:- Appearing for the Intervener, M/s. Jindal Steels Ltd., Mr. K.V. Vishwanathan, learned Senior Advocate, submitted that so long as any allotment made in favour of the Appellants did not impinge on the allotment made in favour of M/s. Jindal Steels Ltd;, it could have no grievance against a separate allotment being made in favour of the Appellants. 11.It is pleaded that the case of Jindal Steel is even on a better footing f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... comes obvious and can be readily understood that in so far as BPSL is concerned, by means of Contempt Petition, it is seeking the enforcement of the directions contained in its favour in the judgment dated 14.3.2012 passed in C.A. NO. 2790 of 2012. Three other parties namely BSL, Jindal Steel and Mahavir Ferro Alloys (P) Ltd. have filed Writ Petitions claiming same relief as given to the BPSL vide judgment dated 14.3.2012 on the ground that they are placed in the similar or even better position than BPSL and, therefore, entitled to same treatment. Further, as already pointed out above, the State Government has ventured to exhibit its helplessness in carrying out the directions contained in the judgment dated 14.3.2012 even qua the beneficiary of the said judgment namely BPSL. In so far as other three writ petitioners are concerned, not only same difficulties are sought to be projected, it is also mentioned that are precluded from seeking same relief as given to BPSL for various reasons. That apart, even the maintainability of the writ petitions under Article 32 of the Constitution filed by these petitioners is questioned. In such a scenario it is apposite to first deal with the CCP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is obliged to make recommendations for the grant of iron ore mines in terms of the stipulations contained in the aforesaid MOU dated 15th May, 2002 and whether in respect of the areas which had not been notified under Rule 59(1), the State Government can make a recommendation for relaxation of Rule 59(1) under Rule 59(2). 16. The Court deliberated at length on these issues and decided in favour of BPSL holding that MOU dated 15.5.2002 still subsisted in favour of the BPSL and also that State Government was under obligation to make recommendations as per the said MOU. The most relevant part of discussion, in this behalf, reads as under: Pursuant to the MOU with Bhushan Limited, the State Government had not only allotted land for the setting up of the steel plant at Lapanga, it had even extended all help for the commissioning of the plant, which, in fact, had already started functioning. However, it is the claim made by BSSL under the MOU executed on 15th May, 2002, that had created obstructions in the setting up of the steel plant at Lapanga. Despite having allotted land and granted sanction to Bhushan Limited to take steps for construction of the said plant, it was subs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irely within the areas notified on 23.8.1991 under Rule 59(1) of the Mineral Concession Rules, 1960. The validity of the notification dated 23.8.1991 is an issue in SLP(c)No. 31593 of 2010 and connected cases which are now listed for hearing on 17.01.2013 before another Division Bench of this Hon'ble Court. (b) Further, it is seen that the applied area is overlapping with the applied area of several other applicants, including M/s. Larsen Toubro Limited and M/s. Tata Iron and Steel Co. Limited. (c) It is also pointed out that earlier on 21.10.1997 an area of 998.93 hectares overlapping with applied area of the BPSL, was recommended in favour of M/s Larsen Toubro Ltd. in puruance with the said company. However, this recommendation was withdrawn for certain reasons. Thereafter, even revised ML/ PL application of M/s. Larsen and Toubro Ltd. Were rejected. The said company challenged the order of rejection before the Revisional Authority i.e. Central Government which passed orders dated 10.7.2003 wherein direction is given to consider application of M/s. Larsen Toubro Ltd. Alongwith about 196 applications for grant of mining lease and after granting an opportunity of he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Rule 59(1) of MC Rules, 1960 with specific reference to Sections 11(4) and 11(3) of the MMDR Act was not raised in the Writ Proceedings/ Civil Appeal. During the course of the implementation of the order of this Hon'ble Court dated 14.3.2012 passed in Civil Appeal No. 2790 of 2012, the Respondent No. 1 is faced with the difficulties with regard to the Keora area as enumerated above. Hence, this application for appropriate directions. 20.The question is as to whether such a plea can be raised to avoid implementation of the directions contained in the judgment? Our answer is in the negative, having regard to the categorical and authoritative principle of law enunciated by various judgments of this Court. From the reading of these judgments one can comfortably get a complete answer to the so-called difficulties feigned by the State Government/ Contemners. 21. First judgment which needs to be noticed is in the case of T.R. Dhananjaya v. J. Vasudevan; (1995) 5 SCC 619. The following discussion contained in the said judgment squarely applies here:- 10. When this order was passed, what remained for the respondent was only implementation of the order passed by this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hould always either approach the court that passed the order or invoke jurisdiction of the appellate court. Rightness or wrongness of the order cannot be urged in contempt proceedings. Right or wrong, the order has to be obeyed. Flouting an order of the court would render the party liable for contempt. While dealing with an application for contempt the court cannot traverse beyond the order, non-compliance with which is alleged. In other words, it cannot say what should not have been done or what should have been done. In cannot traverse beyond the order. It cannot test correctness or otherwise of the order or give additional direction or delete any direction. That would be exercising review jurisdiction while dealing with an application for initiation of contempt proceedings. The same would be impermissible and indefensible. In that view of the matter, the order of the High Court is set aside and the matter is remitted for fresh consideration. It shall deal with the application in its proper perspective in accordance with law afresh. We make it clear that we have not expressed any opinion regarding acceptability or otherwise of the application for initiation of contempt proceeding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be stalled or put to naught only on the basis of inchoate applications, fate whereof is yet to be decided. It is also pointed out that in so far as the petitioners in other writ petitions are concerned area claimed by them is not overlapping with the petitioner's area. However, it may not even be necessary to go into these contentions in detail. Once we hold that the respondents are bound to implement the direction contained in judgment dated 14.3.2012, in so far as the State Government is concerned, it is obliged to comply therewith and such matters, alongwith other relevant considerations, can be left to the wisdom of the Central Government while taking a decision on the recommendation of the State Government. 26. In so far as intervention applications by Tatas and LNT are concerned these are dismissed as non maintainable, in view of law laid down in by this Court in Supreme Court Bar Association v. Union of India Anr.; (1998) 4 SCC 409; 42. The contempt of court is a special jurisdiction to be exercised sparingly and with caution whenever an act adversely affects the administration of justice or which tends to impede its course or tends to shake public confi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ady noted above, for their own reasons all the three petitioners pray that the same directions as given in favour of BPSL in judgment dated 14.3.2012, be passed in their cases as well. This they claim on the basis of parity with BPSL. However, we are constrained to hold that, on the basis of such an argument, they cannot approach this court directly under Article 32 of the Constitution by filing writ petitions. It has already been authoritatively determined that no fundamental right of the petitioners is violated. No fundamental right is violated by non-granting of mining lease. (See (2012) 11 SCC 1 and (1973) 1 SCC 584). 30. That apart, there are few other aspects, aptly pointed out by Mr. L. Nageswara Rao, learned ASG, which come in the way of maintainability of the instant petitions. He, inter alia, submitted that atleast in respect of applications which are still pending and yet to be decided, judgment in Sandur Manganese (Supra) shall have to be applied as it does not remain virgin area, which was the position when the case of BPSL was decided. He had made various other submissions on merit as well. Without going into all these issues, we dismiss these petitions giving libe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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