Common Cause vs Union Of India . on 11 August, 2020


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Supreme Court of India

Common Cause vs Union Of India . on 11 August, 2020

Author: Hon’Ble The Justice

                                                                                        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)


                                                   ORDER

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
Signature Not Verified

Digitally signed by
DEEPAK SINGH
seeking similar relief, they are disposed of through this
Date: 2020.08.11
16:33:03 IST
Reason:

common order.

WP (C) No.114/2014
2

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.114/2017.

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.

4. The State of Orissa in its reply to the applications has

stated that the compensation amount as ordered by this

WP (C) No.114/2014
3

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

payment made by the Applicant is acknowledged by the

State of Orissa.

5. Accordingly, the following order: ­

WP (C) No.114/2014
4

(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



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