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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.269-270 OF 2010 (@ SPECIAL LEAVE PETITION(C)NOS.35169-35170 OF 2009)

GOVERNMENT OF A.P. & ORS. ... APPELLANT(S)

VERSUS

M/S.OBULAPURAM MINING CO.PVT.LTD.&ORS. ... RESPONDENT(S) WITH I.A.No.1 in & SLP(C)............/2009 CC NOS.21271-21272

I.A.No.1 in & SLP(C)............../2009 CC NOS.21329-21330 SLP(C)NO.1301/2010 SLP(C)NO.1379/2010

O R D E R

SLP(C)NOS............ CC NOS.21329-21330:

Permission to file SLPs granted. The  petitioner  herein  filed  an  application  for  getting  

himself impleaded in a Writ Petition filed before the High Court and  

the same was rejected by the High Court. The petitioner alleges that  

before the High Court a reference has been made to the petitioner in  

paragraphs in 16,17,18 and 21 in the Writ Petition filed by the  

respondent.  Learned counsel appearing for the respondent submits  

that the respondent is prepared to delete all statements/averments  

made in the Writ Petition pertaining to respondent-Mr.Tapal Ganesh,  

who  is  the  appellant  herein.   We  record  the  same.  These  

statements/averments  are  deemed  to  have  been  expunged  and  while  

considering the Writ Petition by the High Court, the averments be  

ignored.   

The Special Leave Petitions are disposed of accordingly.

SLP(C) NOS............... CC NOS.21271-21272:

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Permission dismissed.

CIVIL APPEAL NOS.269-270/2010 @ SLP(C)Nos.35169-35170/2009:

Leave granted. The  State  of  Andhra  Pradesh  has  filed  these  appeals  

challenging the interim order passed by the High Court of Judicature  

of A.P. at Hyderabad in different Writ Petitions which were jointly  

heard by the High Court.  The respondents herein were granted three  

leases for mining and there were allegations that the lease/licence  

holders had extended the mining activities beyond the boundaries of  

the leasehold properties and that the Central Empowered Committee  

(for short 'C.E.C.') has filed a Report on 19.11.2009 and in the  

Report  it  was  stated  that  there  were  certain  violations  of  

boundaries of the lease-hold area. After the report of the C.E.C.,  

the State Government passed an order stopping the mining operations  

on 25.11.20090.  This order was challenged by the respondents in  

these two appeals. By the impugned order, the High Court permitted  

these  respondents  to  go  on  with  the  mining  subject  to  certain  

conditions.  The operative portion of the order is as follows :

“1) The  applicants  are  entitled  to  carry  on  mining operations within the designated mining areas  covered by the leased deeds;

2) the  applicants  shall  not  carry  on  mining  operations  to  the  extent  of  the  area  of  about  40  meters towards the Karnataka boundary as pointed out  by  the  Three  Member  Committee  in  respect  of  Compartment  Nos.698  and  699  of  Bellary  reserved  forest, pending further orders;

3) the  State  Government  shall  be  free  to  identify,  demarcate  and  fix  the  boundaries  of  the

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leased areas after giving notices to the applicants;

4) on  such  demarcation,  if  the  State  Government  finds  that  the  applicants  have  occupied  any area beyond the leased areas, it is entitled to  invoke its power under Section 21 of the Act, evict  the  applicants  from  such  unauthorized  areas  and  exercise all the powers vested in it under the said  provision, after following the prescribed procedure;  and  

5) the applicants shall furnish bank guarantee  for the entire A stock(iron ore) of 1,95,000 tons,  which is said to be lying in their stock yards, at  the rate as fixed by the competent authority as per  Rules in force, before transporting the iron ore from  their stock yards.”

This Court, while entertaining these appeals, granted stay of the  

impugned order on 17.12.2009.

The  parties  have  filed  their  counter  affidavits/replies  

and  we  have  heard  both  sides.  We  are  told  that  the  main  Writ  

Petitions  are  coming  up  before  the  High  Court  on  18.01.2010.  

Learned counsel appearing for the State Government shall file its  

counter affidavit and documents, if any, within a week and as this  

Court has passed the interim stay of the order, the High Court shall  

consider  the  main  matters  and  dispose  of  the  same  as  early  as  

possible at least within a period of four weeks. In the impugned  

judgment the High Court has made certain observations regarding the  

C.E.C. Report.  We make it clear that both the parties are allowed  

to raise their contentions in respect of the report of the C.E.C.  

The pendency of any matter regarding this before this Court need not  

preclude  the  High  Court  from  considering  the  C.E.C.  Report  on  

merits.  We also make it clear that this Court had not specifically  

directed the C.E.C. to file its report as regards these leases.  The

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High Court shall also hear the C.E.C., who is made as one of the  

respondents in these proceedings.  The facts stated by the C.E.C.  

may  be  considered  on  merits  by  the  High  Court.   One  of  the  

conditions in the impugned order is that the State Government shall  

be  free to identify, demarcate and fix the boundaries of the leased  

areas after giving notices to the applicants.  It may be done by the  

State Government and the interim stay ordered by this Court will  

continue,  except  as  regards  this  condition,  till  the  High  Court  

passes a final order. The parties 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.

..................CJI (K.G. BALAKRISHNAN)

...................J. (DEEPAK VERMA)

...................J. (Dr. B.S. CHAUHAN)

NEW DELHI; 14TH JANUARY, 2010