Director, Central Bureau of Investigation, New Delhi vs Obulapuram Mining Company Pvt. Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2010 Supreme(AP) 1250

NISAR AHMAD KAKRU, VILAS V.AFZULPURKAR
Director, Central Bureau of Investigation, New Delhi – Appellant
Versus
Obulapuram Mining Company Pvt. Ltd. – Respondent

Advocates appeared:
M/s. Vivek K. Tankha, Addl. Solicitor General appearing for Mr. P. Kesava Rao, SPL SC for CBI for the Appellant in W.P.No. 532 of 2010 and for Respondent No.3 in W.P. 681 of 2010.
Advocate General for the Appellant in W.P.No. 681 of 2010 and Respondent No.2 in W.P.No. 532 of 2010.
M/s. Mukul Rohatgi and C.V. Nagesh, Senior Counsel appearing for Mr. K. Raghava Charyulu, Counsel for Respondent No.1 in both the appeals.
Mr. Poonam Ashok Goud, Assistant Solicitor General for Respondent No.3 in W.P.
No. 532 of 2010 and for Respondent No.2 in W.P.No. 681 of 2010.

JUDGMENT

(Per Nisar Ahmad Kakru,)

Pilferage of minerals from Bellary Reserve Forest of Anantapur District, Andhra Pradesh, allegedly by M/s. Obulapuram Mining Company Private Limited and M/s. Bellary Iron are Private Limited, with the connivance of the Government servants, having come to the notice of the Government of Andhra Pradesh, consequently, accord of consent by the Government of Andhra Pradesh vide G.O.Ms.No.467, Home (SC.A) Department, dated 17.11.2009, under Section 6 of the Delhi Special Police Establishment Act, 1946 (Central Act XXV of 1946), authorizing Delhi Special Police to exercise the powers and jurisdiction in the area relating to boundary disputes and illegal mining activities. The said G.O. reads:

"Under Section 6 of the Delhi Special Police Establishment Act, 1946 (Central Act XXV of 1946), the Government of Andhra Pradesh hereby accord consent to all the members of Delhi Police Establishment to exercise the powers and jurisdiction of the members of the Delhi Special Police Establishment in the whole of the State of Andhra Pradesh regarding boundary disputes and illegal mining activities of M/s. Obulapuram Mining Company Private Limited and M/s. Bellary Iron Or

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2010 Supreme(AP) 1250

NISAR AHMAD KAKRU, VILAS V.AFZULPURKARDirector, Central Bureau of Investigation, New Delhi – AppellantVersusObulapuram Mining Company Pvt. Ltd. – Respondent

NISAR AHMAD KAKRU, VILAS V.AFZULPURKAR
Director, Central Bureau of Investigation, New Delhi – Appellant
Versus
Obulapuram Mining Company Pvt. Ltd. – Respondent