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Supreme Court of India

SAMAJ PARIVARTANA SAMUDAYA vs STATE OF KARNATAKA on 3 April, 2024

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2024 INSC 304Non-reportableW.P.(C) No.-000562-000562 - 2009Official PDFAuthor HON'BLE THE CHIEF JUSTICEBench HON'BLE THE CHIEF JUSTICE RANJAN GOGOI HON'BLE MRS. JUSTICE R. BANUMATHIAdvocates PRASHANT BHUSHAN
2024 INSC 304NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 562 OF 2009
SAMAJ PARIVARTANA SAMUDAYA & ORS.PETITIONERS
VERSUS
STATE OF KARNATAKA & ORS.RESPONDENTS
WITH
W.P.(C) No. 768 OF 2013
O R D E R

To avoid prolixity and repetition, we refrain from restating

the facts and developments in the present writ petitions, as they

have already been delineated in our prior order dated 14.03.2024.

We address and answer the applications listed before us in the

manner provided below.

To await report(s) of the Central Empowered Committee1 and the

Monitoring Committee, and reply/response thereto, re-list in the

Digitallyweeksigned by commencing 20.08.2024.

babita pandey

1 For short, “CEC”.

It is stated by the learned counsel appearing for the

applicant(s) that the present application has become infructuous.

The present application has become infructuous and is

accordingly dismissed as infructuous.

None appears on behalf of the applicant(s).

Mr. Shyam Divan, learned Amicus Curiae has pointed out that

the issue raised in the present applications is covered by the

decision of this Court, dated 30.07.2015 in “Samaj Partivartana

Samudaya and Ors. v. State of Karnataka and Ors.”2.

It appears that the applications may have become infructuous.

According to the applicant’s declarations before the Indian

Bureau of Mines3, they had extracted 9,23,582 Metric Tonnes4 of iron

ore in the period commencing 01.04.2011 till the suspension of

mining leases vide this Court’s order(s). However, the Monitoring

Committee had sold 10,67,813 MT of iron ore. Therefore, the total

excess iron ore sold by the Monitoring Committee stood at 1,44,231

2(2017) 11 SCC 509. 3 For short, “IBM”. 4 For short, “MT”.

MT.

The excess iron ore sold totaling to 1,44,231 MT includes

39,725 MT of iron ore which was found lying on the railway sidings.

If we exclude 39,725 MT of iron ore from the total quantum of

excess iron ore sold, that is, 1,44,231 MT, we arrive at a balance

of 1,04,506 MT of iron ore.

It is the contention of the applicant(s) that they had filed

revised return(s) to the IBM on 26.10.2011. We are not inclined to

accept the said submission for several reasons including the fact

that the revised return(s) was submitted post the order(s) of this

Court suspending the mining activities. The revised return(s)

itself indicates wrong-doing or, at least discrepancies. Finally,

no provision or rule permits the revision of returns.

In view of the aforesaid, we do not think that the

applicant(s) is entitled to payment viz. 1,04,506 MT of excess iron

ore sold by the Monitoring Committee.

For the 39,725 MT of iron ore found lying at the railway

sidings, the CEC report states that the applicant(s) was required

to establish that the said quantity had been legally extracted and

transported to the railway sidings. The applicant must establish

that 39,725 MT of the iron ore was declared in the return(s) filed

by them with the IBM.

It will be open to the applicant(s) to file the papers and

documents before the CEC, which will thereupon, in consultation

with the Monitoring Committee pass appropriate order(s). However,

any order passed for payment, will not be implemented without the

permission of the Court.

Learned Senior Advocate appearing for the applicant(s) states

that in view of the order passed today, nothing survives in Writ

Petition No. 35626/2024, which is pending before the High Court of

Karnataka, and the same shall be withdrawn. The statement is taken

on record.

The application is disposed of accordingly.

None is present on behalf of the applicant(s).

None is present on behalf of the applicant.

infructuous in view of the subsequent developments.

The present application is filed by the State of Karnataka.

Most of the prayers have already become infructuous in view of the

subsequent development and the orders passed by this Court. In our

order dated 14.03.2024, directions have also been issued viz. the

unauctioned Category C mines, where the Reclamation and

Rehabilitation Plans5 work is yet to be undertaken.

In case the State of Karnataka wants to merge some of the

Category C mines for the purposes of auction, they can prepare a

justification report and file an application for appropriate order

before this Court.

In view of and recording the aforesaid, we dispose of the

present application in terms of the earlier order(s) passed by this

Court with liberty to the State of Karnataka to file a fresh

permission to withdraw the present application(s) in view of the

subsequent development, with liberty to approach this Court, if

Taking the statement on record, the application is dismissed

as withdrawn, with liberty as prayed.

It is stated that the present application has become

5 For short, “R&R Plans”.

I.A. Nos. 261/2016 and 262/2016 in I.A. No. 242/2016

The present applications are disposed of as infructuous with

the liberty to the applicant(s) to file a fresh application, if

None is present on behalf of the applicant – National Mineral

Development Corporation Limited6.

infructuous in view of the subsequent development/orders.

In view of the CEC’s report, we accept the proposal given by

the Secretary, Mining and the Government of Karnataka. Accordingly,

1.28 hectares, which is the forest land will be excluded from the

10.87 hectares to be added. Therefore, 9.59 hectares of additional

land may be added to the free leased land of 9.15 hectares, in the

Mining Lease No. 2525. Thus, the total area of the Mining Lease No.

2525 will be enhanced to 18.74 hectares.

We also permit the State of Karnataka to auction the said

mining lease in terms of the directions given by this Court. The

new lessee will have to undertake the R&R Plans.

6 For short, “NMDC”.

The application is disposed of in the above terms.

None is present for the applicant(s).

It appears that most of the prayers in the application may

have become infructuous.

Learned counsel for the applicant(s) does not press the

application, as I.A. No. 268/2016 has been dismissed in default.

The application is accordingly dismissed as not pressed.

This application has become infructuous given the subsequent

development and the orders passed by this Court.

permission to withdraw the present applications in view of the

subsequent development and prays for liberty to approach this Court

by way of a separate application, if required and necessary.

Taking the statement on record, the applications are dismissed

as withdrawn, with liberty as prayed.

withdraw the present applications in view of the subsequent

development and prays for the liberty to file a fresh application,

if required and necessary.

Orders have been passed on the question of physical

demarcation of the inter-state boundaries between the states of

Andhra Pradesh and Karnataka. The other prayers in the present

application(s) can be considered only after the physical

demarcation is concluded. Therefore, we grant liberty to the

applicant(s) to file a fresh application.

The applications are accordingly dismissed as withdrawn with

liberty as prayed.

withdraw the present applications with the liberty to file a fresh

Taking the statement on record, the applications are dismissed

as withdrawn with liberty as prayed.

The present application has already been disposed of/dismissed

vide order dated 21.03.2018.

Hence, no orders are required to be passed and the application

should not be listed.

I.A. Nos. 9764-9765/2018

Learned counsel appearing for the applicant(s) seeks

permission to withdraw the present applications with liberty to

file a fresh application, if required and necessary.

as withdrawn with liberty as prayed.

It appears that the applications may have become infructuous.

It appears that the applications may be covered by this

Court’s order dated 14.03.2024.

The applications are dismissed in default.

However, we give liberty to the applicant(s) to file a fresh

application post the completion of the demarcation and

categorization.

It also appears that the application may have become

infructuous in view of the previous order(s) passed by this Court.

I.A. Nos.62856/2018, 57649/2020 and 57650/2020

These applications are for a refund of the guarantee money

furnished by the lessees.

The guarantee money was directed to be deposited in terms of

the order dated 28.09.2012, which order also states that the

guarantee money will be refunded upon the implementation of the R&R

Plans to the complete satisfaction of the CEC and subject to the

approval of this Court.

Thereafter, the order dated 25.04.2017 in I.A. No.267/2016

directs refund of 90% of the guarantee money on the Monitoring

Committee’s satisfaction viz. the implementation of R&R Plans in

the case of Category B mining leases. The balance 10% is to be

released to the applicant(s) after full implementation of R&R

Plans.

Our attention is drawn to the CEC report dated 07.07.2017,

which states that in 44 Category B mining leases, the progress in

implementation of the R&R Plans is above 85%. Subsequently, report

of CEC dated 28.08.2018 seeks certain directions from this Court to

the Monitoring Committee.

Lastly, our attention is drawn to this Court’s order dated

30.08.2018, directing the Monitoring Committee to complete the

inspection of remaining leases (10 in number) on or before

15.09.2018, besides the release of guarantee money to lessees where

the implementation of R&R Plans is complete. The question of review

in 16 cases where a part of the guarantee money had been released

was left open.

Learned Amicus Curiae appearing in the matter states that in

26 cases, guarantee money has been released. In 12 cases, the

matter requires examination. In six cases, no guarantee money was

submitted.

The Monitoring Committee and the CEC will submit a status

report within a period of seven weeks from today with regard to the

implementation and execution of the R&R Plans. In case the

Monitoring Committee and the CEC are ad-idem that R&R work is

complete, the guarantee money can be refunded to the Category B

mining lease holders. If the R&R Plans have not been fully

implemented, a copy of the report will be furnished to such mining

lease holders, who shall thereupon submit their reply to the

Monitoring Committee and CEC.

Liberty is granted to the parties, as well as the CEC and

Monitoring Committee, to approach this Court by way of an

appropriate application in case they have any grievances.

Recording the aforesaid, the applications are disposed of.

At the request of learned counsel for the applicant(s), the

present application is not taken up for hearing today.

It will be open to the applicant(s) to file additional

documents.

We note the objection raised by the Amicus Curiae, that the

prayer(s) made in the present application had already been rejected

while deciding I.A. No. 141339/2017 on 21.03.2018. The Amicus

Curiae, therefore, submits that the present application is not

maintainable.

Learned counsel for the applicant(s) will examine the said

aspect.

In view of the order dated 14.03.2024, the applications would

be treated as disposed of with liberty to file fresh

application(s).

permission to withdraw the present application.

It is stated that SLP(C) Diary No. 1663/2019 and SLP (C) No.

2928/2019 are pending before this Court.

We clarify that withdrawal of the present application should

not be treated as having any bearing on the stand of the

applicant(s) viz. the said special leave petitions.

Learned counsel for the applicant(s) states that in view of

the subsequent developments and events, the present application has

become infructuous.

It appears that the applications have become infructuous.

This is an application seeking permission to file additional

documents in I.A. No. 37377/2018.

As I.A. No. 37377/2018 has been dismissed in default, the

present application has become infructuous.

This application is disposed of in view of the directions

given in the order of this Court dated 14.03.2024 with liberty to

the applicant(s) to approach this Court, if required and necessary.

permission to withdraw the present applications.

The present application is to be dismissed in view of this

Court’s order dated 14.03.2024.

Accordingly, the application is dismissed.

We, however, clarify that the dismissal of the present

application will not have any bearing on the question of stock,

which issue, it is stated, has been raised in a separate

application.

On mentioning, the applications are taken on Board.

Learned counsel appearing for the applicant(s) seeks

permission to withdraw the present applications.

We reject the prayer for a change of categorization. The

categorization was undertaken after a detailed consideration in

2012-2014. These applications are filed later in 2019.

The orders passed by this Court in 2013-2014 were in the

public domain and known to parties.

In view of the delay and lapses, we are not inclined to re-

examine the facts. The prayer(s) made is rejected.

The applicant(s) also states that in terms of the grant of

renewal of the mining lease vide Government of Karnataka’s order

dated 21.03.2012, the applicant(s) was only entitled to mine

manganese ore and not iron ore. This issue is not directly related

to the present litigation.

In case the applicant(s) has any grievance, he can raise the

same before the appropriate forum, in accordance with law. We make

no comments either way on merits in this regard.

The applications are disposed of in the above terms.

None appears to press the present application.

This application has to be rejected in view of the reasons

given while dismissing I.A. No. 119035/2019. The application is

accordingly dismissed.

The undertaking given by the State of Karnataka will be

treated as non-effective.

Learned Senior Advocate appearing for the applicant(s) states

that the issue with regard to the excavated ore has not been raised

in the application. We make no comments in this regard.

The dismissal of the present application will not operate as

res judicata on issues not raised in the present application.

In view of the order dated 14.03.2024, we dispose of the

present application with the liberty to the applicant(s) to file a

fresh application, if required and necessary.

Issue notice to the CEC and the Monitoring Committee, which

may submit their respective reply within a period of six weeks from

today. Rejoinder affidavit, if any, will be filed within six weeks

after service of reply.

The present application has become infructuous in view of the

subsequent development and orders passed by this Court.

Accordingly, without making any comments on the merits, this

application is disposed of as infructuous.

These applications were disposed of vide this Court's order

dated 22.03.2023, permitting the applicant(s) to remove 16060 MT

iron ore available at the site.

It is stated that the State Government is not complying with

the said order and permitting the removal.

The applicant(s) is permitted to file a representation with

the State Government for removal of the said material in terms of

this order. In case the State Government has any reservation or

issue with regard to the grant of permission, they must approach

this Court by way of an appropriate application, otherwise,

directions given in the order should be complied within a period of

six weeks from today.

Issue notice to the State of Karnataka.

Notice is accepted by Mr. Nishanth Patil, learned counsel for

the State of Karnataka, who is present in Court.

Counter affidavit/reply may be filed within four weeks from

today.

Rejoinder affidavit, if any, will be filed within four weeks

after service of counter affidavit/reply.

Re-list alongwith I.A. No. 124132/2022.

No one appears to press the application.

It appears that the present application has become infructuous

in view of the subsequent development and orders passed by this

Court.

In view of the order dated 14.03.2024, the present application

is disposed of with liberty to the applicant(s) to file a fresh

This application has become infructuous in view of the

subsequent development and orders passed by this Court.

Accordingly, the application is disposed of as infructuous.

Learned counsel for the applicant(s) states that in view of

the subsequent development, the present application has become

I.A. No. 103574/2022 in I.A. No. 119035/2019 and

It is stated that the present applications do not survive, as

I.A. No. 119035/2019 has been disposed of.

as not pressed.

Upon mentioning, the application is taken on Board.

Rejoinder affidavit, if any, will be filed within a period of

I.A. No. 225310/2023 in 124132/2022

The present application will be treated as disposed of.

Learned Counsel for the applicant(s) seeks permission to

Learned Counsel for the applicant(s) seeks permission to

List along with I.A. No.124132/2022.

I.A. No. 137180/2022 in I.A. No.67230/2021

List along with I.A. No. 124132/2022.

I.A. No. 137183/2022 in No. 67231/2021

List along with I.A. No. 124132/2022.

The present application will be treated as disposed of in

terms of our order dated 14.03.2024.

None appears on behalf of the applicant(s).

I.A. Nos. 70118/2023, 70119/2023, 70124/2023 and 70125/2023

Issue notice and tag with I.A. No.124132/2022.

None is present on behalf of applicant(s).

The applications are dismissed in default.

Learned counsel appearing on behalf of the Karnataka Mining

Environment Restoration Corporation7 and JSW Steel state that the

present application has become infructuous.

In case the parties have any grievance, they are given liberty

to approach the Court.

withdraw the present application with liberty to file a fresh

application at a later stage.

7 For short, “KMERC”.

withdrawn with liberty as prayed.

In view of our order dated 14.03.2024, no further orders are

required in the present application.

The application will be treated as disposed of with liberty to

the applicant(s) to file fresh application at a later stage, if

The prayer made in the present application is allowed.

Payment may be made in terms of the Office Order dated

11.10.2022 passed by the Karnataka Mining Environment Restoration

Corporation.

We are not inclined to entertain the present applications and

hence, the same are dismissed.

All pending applications in the applications disposed

of/dismissed/allowed today in Writ Petition (C) No. 562/2009 stand

disposed of.

Re-list along with all pending applications in the week

We wish to clarify that if a party has any grievance or issue

with the action, in-action or report of the CEC, the Monitoring

Committee or the Oversight Authority in respect of the mining

leases in the three districts, namely, Bellary, Chitradurga and

Tumkur in Karnataka, they should approach this Court by filing an

application. Normally, the High Court should not entertain an

application/issue/dispute, as the matter is sub-judice and this

Court is in seisin. Albeit, this Court can direct the parties to

approach the High Court, if required and necessary.