State of Andhra Pradesh vs Obulapuram Mining Company Private Limited

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2010 Supreme(SC) 1110

Supreme Court of India
S.H. KAPADIA, CJI., AFTAB ALAM & K.S.P. RADHAKRISHNAN, JJ.
State of Andhra Pradesh & Others
Versus
Obulapuram Mining Company Private Limited & Others
SLPs.(C).Nos. 7366-67 of 2010 with SLP (C).No. …… of 2010 (CCs Nos. 5969-70 of 2010), W.P.(Crl.)No. 66 of 2010, SLPs (C).Nos. 17064-7065 of 2010, W.P.(C).No. 562 of 2009, SLP (C).No. …. (CC No. 16829 of 2010) & SLP (C) No. ….. of 2010 (CC No. 16830 of 2010)
Decided On : 19-11-2010

Important Points

The court directed an independent committee to conduct a fact-finding inquiry and submit a report regarding mining activities in forest areas within specific leases to inform further judicial proceedings.

Subject

Environmental Law - Mining Regulations

Headnote

(A) Mining - Forest Area - Fact-finding report - Court directed a committee to submit a report on whether mining is ongoing in forest areas restricted to certain mining leases.

Facts of the case:
In the matter of pending petitions concerning mining operations, the court sought to determine whether mining was continuing in forest areas within the limits of six specific mining leases. The court directed a specialized committee to investigate the situation and hear the affected parties.

Findings of Court:
The court directed the committee to receive representations from affected parties, conduct hearings, and submit a comprehensive report to the court within a specified timeline.

Issues: Whether mining activities were being carried out in forest areas restricted to specific mining leases.

Ratio Decidendi: The court determined that an independent report from a committee, after hearing affected parties, is necessary to ascertain the ground reality of mining operations in protected forest areas before further judicial orders are passed.

Result: Direction issued for the submission of a report and issuance of notices.

Legal Category Hierarchy

Judgment :

SLPs.(C).Nos. 7366-67 of 2010 and Writ Petition (C) No. 562 of 2009

Pending further orders, we hereby direct the Central Empowered Committee (“CEC”, for short) to submit its report on the subject-matter of pending SLPs (C).Nos. 7366-67 of 2010 and W.P. (C).No. 562 of 2009 after hearing the affected parties. In short, we want to know whether mining is going on in the forest area in the Bellary region restricted to six mining leases granted in favour of M/s. Bellary Iron Ore (P) Ltd., M/s. Mahabaleswarappa & Sons, M/s. Ananthapur Mining Corporation and M/s. Obulapuram Mining Co. (P) Ltd. in the first instance. The affected parties will submit their representations to CEC 29-11-2010. On receiving the representations, CEC will hear the parties concerned on or before 16-12-2010 and will submit its report to this Court by 5-1-2011. It is made clear that hearing before CEC will be confined to the aforestated lessees, for the present.

The Registry is directed to issue notice to all the respondents in W.P.(C).No. 562 of 2009. Dasti service, in addition, is permitted.

Place these matters on 7-1-2011, subject to overnight part-heard, if any. The Registry is also directed to upload this order on the website.

SLPs. (C). Nos…. of 2010 (CCs. Nos. 5969-70 of 2010)

Permission to file special leave petitions and additional documents is granted. Exemption allowed. Issue Notice. Dasti service, in addition, is permitted.