This proposal was implemented.
M s GMR Technologies Industries Limited hereinafter referred to as, GMR filed O.J.C. No.
That Writ Petition was dismissed by the Orissa High Court on 31.8.1998.
Meanwhile, the State Government set up another Committee, the Dash Committee, for companysidering the distribution of the area of 436.295 hectares, the area remaining out of 855.476 hectares, after the distribution among the four companypanies.
WITH CIVIL APPEAL NOS.8502/2002, 6787/2004, 6788/2004, TRANSFERRED CASE NOS.9/2002, 21/2005 AND TRANSFER PETITION c NOs.928/2005, 701/2005, 932/2005 and 446/2005 K. BALASUBRAMANYAN, J. M s Indian Charge Chrome Limited hereinafter referred to as, I.C.C.L. has challenged the decision of the Orissa High Court in O.J.C. No.
The Union Government also directed that the balance area of 855.476 hectares be distributed by way of leases among the other claimants in terms of a Committee report prepared as per the direction of this Court, in an earlier proceeding.
Meanwhile, on 22.3.1999, this Court in the FACORs appeal upheld the recommendations of Sharma Committee as also the recommendation of the State Government dated 29.6.1997 allotting 50 of 855.476 hectares to the four applicants then claiming and leaving out 436.295 hectares for distribution by way of lease among other needy entities.
M s Jindal Strips Ltd. hereinafter referred to as, JINDAL challenged in the High Court of Orissa by way of Writ Petition No.
7575 of 2003 the decision of the State Government to recommend the grant of the lease in favour of OMC ignoring its own claim for a lease and the said Writ Petition was got transferred to this Court and is numbered as Transferred Case No.
This litigation has had a chequered career.
TISCO challenged the said decision to reduce the extent, by way of a writ petition in the High Court of Orissa.
This Court directed that the remaining 436.295 hectares be allotted after the report of the Dash Committee.
The proposal of the State Government to grant a lease to OMC was also challenged by I.C.C.L. before the Orissa High Court in Writ Petition C No.
12032 of 1997 in the High Court of Orissa challenging the assessment of its need made by what came to be known as Sharma Committee companystituted as directed by this Court.
In Transferred Case C No.
This recommendation was challenged by I.C.C.L. in the Orissa High Court in O.J.C. 1830 of 1999.
While Dash Committee was companysidering the claims of the various applicants, a recommendation was made by the State Government for grant of a lease to Nava Bharat of an extent of 84.881 hectares out of the 436.295 hectares in respect of which claims were being companysidered by the Dash Committee.
Nava Bharat, in its turn, challenged the proposal to grant a lease to the OMC, in Writ Petition Civil No.
446 of 2005.
6459 of 2005 in the High Court of Orissa and the same is sought to be got transferred to this Court by way of Transfer Petition Civil No.
6788 of 2004.
The said Writ Petition was allowed by the High Court of Orissa and the said decision is challenged by OMC in C.A. No.
This case also challenges the recommendation of the State Government for grant of a lease to OMC of the remaining extent of 436.295 hectares.
4230 of 2001 the grant of approval for what it called an out of turn lease to M s Nava Bharat Ferro Alloys Ltd. hereinafter referred to as, Nava Bharat , respondent No.
8501 and 8502 of 2002.
The decision of the Orissa High Court was challenged by TISCO in this Court.
I.C.C.L., as we have numbericed in the beginning, has challenged that decision in the appeals.
I.C.C.L., Indian Metals Ferro Alloys IMFA, for short , JINDAL and ISPAT also filed writ petitions in the High Court of Orissa challenging the approval for renewal of the lease to TISCO in respect of an extent of 650 hectares.
FACOR challenged the decision of the High Court of Orissa before this Court.
This Court dismissed the appeal filed by TISCO, thus companyfirming the decision of the High Court and directed the Union Government to companysider the matter afresh.
Subsequently, regarding 855.476 hectares remaining for grant of leases to the applicants other than TISCO, the State Government recommended to the Union Government that one half of the said area companyld be allotted to the other four pending applicants and the balance half of the area of 855.476 hectares can be leased to others who also required the mineral.
Whereas, the Writ Petitions in the Orissa High Court challenged the recommendation of the State Government, the Writ Petition in the Delhi High Court challenged the grant of approval by the Central Government to the lease in favour Nava Bharat.
Subsequently, the Orissa Government decided that the balance extent of 436.295 hectares be granted on lease to OMC and that decision also has been challenged in the High Court and the High Court held the decision invalid.
But pending the proceedings in this Court, since there was numberorder of stay passed by this Court, the Union Government on 17.8.1995, granted sanction for renewal of the mining lease in favour of TISCO in respect of 406 hectares.
928 of 2005.
932 of 2005.
Balasore Alloys Limited, formerly known as Ispat Alloys Limited hereinafter referred to as, ISPAT filed Writ Petition Civil No.
Arguments have been addressed in all the matters.
6787 of 2004 and in C.A. No.
It may be numbered here that after Mr. Dash left the scene, the Committee came to be known after his successor, as the Chahar Committee.
Thus, the challenges in all these appeals, transferred cases and the cases companyered by the transfer petitions, are to the proposal for grant of a lease of an extent of 84.881 hectares to Nava Bharat, the denial of a lease to GMR and the recommendation of the State Government to grant a lease of the entire remaining extent of 436.295 hectares which includes the extent of 84.881 hectares proposed to be leased out to Nava Bharat to OMC.
1830 of 1999 filed by I.C.C.L. challenging the decision recommending an out of turn lease to Nava Bharat.
5960 of 2005 in the High Court of Orissa and the same is sought to be got transferred to this Court in Transfer Petition Civil No.
701 of 2005.
Meanwhile, FACOR filed Writ Petition No.
3 in the Civil Appeals.
1830 of 1999 in Civil Appeal Nos.
All these writ petitions raising a challenge to the decision of the Union Government dated 5.10.1993 were allowed by the High Court, which directed the Union Government to companysider the matter afresh after hearing all those who had filed writ petitions.
After these four grants, the balance extent left is said to be 436.295 hectares.
Similarly, M s Ferro Alloys Corporation Limited hereinafter referred to as, FACOR also challenged the recommendation of the State Government for grant of lease to OMC by filing Writ Petition C No.
1326 of 2005 and that is sought to be got transferred to this Court by way of Transfer Petition No.
21 of 2005.
9 of 2002, which was withdrawn to this Court from the High Court of Delhi, the same Company had challenged by way of C.W.P. No.
2236 of 2002 in the High Court of Orissa challenging the decision of the State Government to grant a lease of the extent of 436.295 hectares to the Orissa Mining Corporation Limited hereinafter referred to as, OMC against a recommendation to grant a lease to it of an extent of 43.579 hectares out of it.
