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2011 Supreme(AP) 1077

VILAS V.AFZULPURKAR
BGR Mining & Infra Private Limited – Appellant
Versus
Singareni Collieries Company Limited – Respondent


Advocates appeared:
For the Petitioner:E. E. Manohar, CH. Purnachandra Rao, Advocates.
For the Respondents:C.V. Mohan Reddy, Nandigama Krishna Rao, Advocates.

Judgment :

1. Petitioner – company, being an experienced contractor for removal of Over Burden & Extraction of coal, was entrusted the contract work described as “Blast Hole Drilling, Controlled Blasting with Shock Tube Initiation, Excavation, Loading, Transportation, Dumping etc. of over burden” at KTK.OCP, Section–1, Bhupalapalli Area, Warangal District, Andhra Pradesh. The work order dated 22.09.2008 was placed on the petitioner for a total quantity of 554.50 LBCM. While the petitioner was working on the said contract a major slide occurred on 11.05.2010 along the crop site due to geological disturbances and presence of clay layers. The Director of Mines Safety, Hyderabad Region – I was informed by the respondents and he inspected the mine on 26.05.2010 and under Section 22 1 (A) of the Mines Act, 1952 issued directives not to deploy any men or machinery at a distance of 50 Mts from the toe of the disturbed zone. The said area is part of the area covered under the present contract of the petitioner and on account of the aforesaid statutory order passed by the Director of Mines Safety [details whereof are noted hereunder], the work within the restriction zone had to be stopped. In


























































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