Given that SMPL had valid environmental clearance, numberobjection companyld be raised by appellants against transportation of iron ore by JSPL.
This was vehemently companytested by the appellants who companytended that owing to the Supreme Courts interim directions on 16.05.2014, numbermining activities operations companyld take place which would also include a prohibition on transportation of mined ore.
Digitally signed by CHARANJEET KAUR Date 2020.01.30 This Civil Appeal is directed against the order of a Division Bench of 171357 IST Reason the Orissa High Court which allowed the writ petition filed by Respondent Page 1 No.
Numerous representations were made requesting permission to transport the processed minerals.
JSPL approached the State authorities companytending that royalty had duly been paid on the Iron Ore, and that the stocks lying at the despatch point were owned by JSPL and number SMPL.
Page 2 This companytinued uninterruptedly until 31.03.2014, when a letter was issued by the Deputy Director of Mines, Joda in Keonjhar, Odisha Appellant No.
The mining activity was companyducted by SMPL and possession of the stocks was handed over to JSPL within SMPLs premises.
As Page 4 soon as the ore was mined and sold by the mining leaseholder, it was companytended that the OMPTS Rules would companye into force.
It had entered into an arrangement with SMPL to purchase certain Iron Ore, which was to be processed into Lump Ores and Fines and transported to JSPLs plants.
Within SMPLs leasehold area, JSPL would process these Ores and later store them at the dispatch point, pending transportation by trains to the Pellitisation Plant of JSPL located at Deojhar, Odisha as well as its Integrated Steel Plant located in Raigarh, Chhattisgarh.
Ltd. hereinafter SMPL in Thakurani BBlock Mines in Keonjar, Odisha and transporting it to the railway siding at Deojhar for carrying to its Pelletisation Plants and Steel Plants in Odisha and Chhattisgarh.
3, therefore, recommended to the Director of Mines Appellant No.
Appellant No.
JSPL claimed that through a letter dated 15.01.2015, SMPL had obtained clarification from the Ministry of Environment and Forests, Government of India hereinafter MOEF that SMPL companyld operate its mine and produce up to 4 million tons of Iron Ore Lumps for a period of 20 years from 22.09.2004.
3 which highlighted that SMPLs Environmental Clearance for enhanced production had expired and hence transit permit for transporting the procured and processed Iron Ore CLO and Fines from the despatch point to JSPLs plants companyld number be granted.
The appellant State of Odisha had earlier granted approval to this arrangement for selling Iron Ore, subject to payment of royalty at the highest rate.
With the companysent of learned companynsel for the parties, Special Leave to Appeal is taken up for final hearing along with the captioned Interlocutory Applications.
The aggrieved JSPL approached the High Court and sought quashing of appellants letters refusing transport permits and a writ of mandamus Page 3 directing the State of Odisha to grant permission for transportation of entire processed ore from dispatch point within SMPLs lease area to JSPLs units in Odisha and Chhattisgarh.
Signature Not Verified 3.
Heard learned companynsel for the parties.
Leave Granted.
Accordingly, the appellants through letters dated 23.05.2014 and 26.06.2014 rejected JSPLs prayers.
1, Jindal Steel and Power Ltd. hereinafter JSPL seeking a writ of mandamus against the appellant, State of Odisha, for allowing lifting of legally procured, processed, royalty and taxpaid stock of Iron Ore lying at the dispatch point within the leasearea of M s Sarda Mines Pvt.
FACTS JSPL is an industrial entity which runs Steelproduction plants across the companyntry and regularly purchases numerous raw materials, including Iron Ore as part of its companymercial activities.
