9911796707
TMI Blog2010 (5) TMI 926X X X X Extracts X X X X X X X X Extracts X X X X ..... tral Empowered Committee. Against the interim order passed in favour of the respondent No.1-Company by the High Court of Judicature at Hyderabad, State had preferred to approach this Court in SLP(C)Nos.35169-35170 of 2009 titled Government of Andhra Pradesh Ors. Vs. M/s Obulapurm Mining Co. Pvt. Ltd. Ors. on the ground that no case was made out by respondent No.1-Company for grant of injunction, against those orders challenged in the writ petition and therefore, those interim orders passed by the Division Bench of the High Court be vacated and till the pendency of the Special Leave Petitions in this Court, they be stayed. 2. Those matters had come up for hearing before this Court on 14.1.2010. Since the Special Leave Petitions were a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would appear before the High Court on 18.01.2010. These appeals are disposed of accordingly. Consequently, Special Leave Petition (C)Nos. 1301/2010 and 1379/2010 are also disposed of. No costs. As learned counsel for the respondent points out that they have got international agreements, the High Court should endeavour to dispose of the matters as early as possible, at least within a period of four weeks. 4. In the light of the aforesaid order passed by this Court, the matter was heard again by the Division Bench of the High Court on merits. By a detailed and reasoned judgment and order, High Court was pleased to allow the writ petitions filed by respondent No.1 and the orders challenged in the writ petitions were set aside and qua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mining leases consisting of 68.5 hectares, 25.98 hectares and 39.5 hectares respectively. The team headed by Survey of India is directed to survey in respect of 68.5 hectares of land first and to file a Report on or before 9.4.2010. As soon as the survey of this lease is over, they can proceed with the rest of the mining leases held by the other five lessees. The team shall meet on 26.3.2010 and start measurement work soon thereafter on day-to-day basis. There shall be no mining operations in these leases till 9.4.2010. Copy of this order be remitted to Survey of India Headquarters, Dehradun immediately and it be faxed also. List on 9.4.2010. 7. An interim Report came to be submitted by the Committee constituted by this Court on 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was not filed by the said date, instead, was filed subsequently on 30.4.2010, alongwith Annexures. While submitting the Final Report, Committee made the following recommendations: (3)Recommendations : (3.1)Considering major discrepancies in mining lease sketches, entire lease sketches issued in Bellary Reserve Forest area need to be reviewed. All lease sketches have to be re-drawn correctly with reference to at least two reference (permanent) points on ground. Two departments of same Government should not issue two different approved sketches. (3.2) Ministry of Home Affairs, Government of India, Chief Secretary, Government of Andhra Pradesh and Chief Secretary of Karnataka may be directed to decide the Inter-State boundary betwee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hand, learned senior counsel appearing for Respondent No.1, Mr. K. Parasaran, Mr. P.P. Rao, Mr. Mukul Rohatgi, ably assisted by their juniors vehemently contended before us that the final Report filed by Survey of India would reveal that respondent No.1-Company cannot be blamed at all as it has neither encroached nor has done any mining operations out of the leased area. Therefore, they have contended that no prima facie case has been made out by the petitioners to stop the mining operations even now. It was also contended by them that the time has now come when equities are to be worked out and looking to the international contracts entered into by respondent No.1 with various international Companies, this Court should allow the mining op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t by respondent No.1, then it shall be done only and only in the undisputed areas. If they try to encroach upon any other area, then it shall be open for the petitioners to forthwith stop the mining operations of respondent No.1. This permission is granted to Respondent No.1 to work out equities between the parties but on account of it Respondent No.1 shall not be able to claim any right as the same would be finally adjudicated upon at the time of hearing of the Special Leave Petitions. 14. To oversee the directions to be followed by respondent No.1, the same Committee appointed by us would put a temporary fence at the Karnataka border as per base map (Annexure 'A') at the cost of respondent No.1 and be further at liberty to vis ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
