Full Judgment Text
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
IA.No.168557/2019
IA.No.168564/2019
IA.No.168569/2019
IA.No.168578/2019
IN
WRIT PETITION (CIVIL) NO. 114 OF 2014
Common Cause .… Petitioner(s)
Versus
Union of India & Ors. …. Respondent(s)
O R D E R
1. The abovestated applications are filed by the
Applicant M/s Orissa Minerals Development Company
Limited (‘OMDC’ for short). Since all the applications
pertain to the same issue and are between the same parties
seeking similar relief, they are disposed of through this
Signature Not Verified
Digitally signed by
GULSHAN KUMAR
ARORA
Date: 2020.08.27
17:30:22 IST
Reason:
common order.
WP (C) No.114/2014
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2. In all these applications the applicant has sought
condonation of delay in making the payment pursuant to
the order passed by this Court in WP(C)No.114/2014.
Further in I.A.Nos.168557/2019 and 168569/2019 the
applicant has also sought a direction to the State of Orissa
to conduct joint verification of the undisposed stock and
allow sale of the same so as to enable the applicant
company to realise the amount. In IA.Nos.168564/2019
and 168578/2019 the applicant has sought permission to
resume regular mining operations in view of payment of the
entire amount demanded. The applications pertain to the
mining lease in favour of the applicant company in respect
of Roida Bhadrasahi Iron Ore and Bhadrasahi Iron and
Manganese respectively.
3. This Court while disposing of WP© No.114 of 2014
through the order dated 02.08.2017 had directed that the
applicant company shall pay compensation on or before
31.12.2017. Since there is delay in payment, condonation
of the same is sought and the further relief as indicated
above is prayed.
WP (C) No.114/2014
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4. The State of Orissa in its reply to the applications has
stated that the compensation amount as ordered by this
Court under Section 21(5) of the M.M.D.R. Act, 1957 has
been fully paid by the applicant company along with interest
in respect of all the mining leases held by the Applicant
OMDC. In that view, since the interest is stated to have
been paid for the period of delay, we find it expedient to
condone the delay. Further since the compensation amount
along with interest has been paid as directed by this Court
and the receipt of the same is acknowledged by the State of
Orissa, we also consider it appropriate to grant the further
relief sought in the applications. At this point we also take
note of the submission of the learned Solicitor General that
in similar circumstances, through the order dated
29.01.2020 identical prayers as made in
IA.Nos.62602/2019 and 62606/2019 were allowed by this
Court and the instant applications were ordered to be listed
after a week so as to enable the learned counsel for the
State of Orissa to ascertain whether the payment has in fact
been made by the applicant company. As noted, the
WP (C) No.114/2014
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payment made by the Applicant is acknowledged by the
State of Orissa.
5. Accordingly, the following order:
(i) The delay in payment of the compensation along
with interest is condoned;
(ii) The ApplicantOMDC be permitted to resume
mining operations subject to all necessary
clearances required in accordance with law being
obtained;
(iii) The Competent Officers of the State of Orissa
shall also conduct a joint verification of the
undisposed stock and allow sale of the same by
the ApplicantOMDC on following due procedure.
The above applications are accordingly disposed of.
……………………………CJI.
[S.A. BOBDE]
……..………………………,J.
[A.S. BOPANNA]
………….…………………,J.
[V. RAMASUBRAMANIAN]
New Delhi,
August 11, 2020
WP (C) No.114/2014