- (1.) Determination of right to mining iron ore, a natural resource, has reached this Court in second round of litigation. Respondent No. 1 in both the Special Leave Petitions had challenged the Order of State of Andhra Pradesh issued on 25.11.2009, suspending the mining operations of the respondent No. 1-Company (R-1 is different in both SLP's), based on the proceedings of Principal Chief Conservator of Forests, Hyderabad dated 6.11.2009, 20.11.2009 and letter dated 23.11.2009 issued by Member of Central Empowered Committee. Against the interim order passed in favour of the respondent No. 1-Company by the High Court of Judicature at Hyderabad, State had preferred to approach this Court in SLP (C) Nos. 35169-35170 of 2009 titled Government of Andhra Pradesh and Ors. v. Obulapurm Mining Co. Pvt. Ltd. and Ors. on the ground that no case was made out by respondent No. 1-Company for grant of injunction, against those orders challenged in the writ petition and therefore, those interim orders passed by the Division Bench of the High Court be vacated and till the pendency of the Special Leave Petitions in this Court, they be stayed.
(2.) Those matters had come up for hearing before this Court on 14.1.2010. Since the Special Leave Petitions were against the interim orders passed by the High Court, it was deemed fit and proper to dispose of the same with a request to the High Court to consider the matter on merits, in accordance with law, within a period of four weeks. However, it was directed that the interim order passed by this Court would continue, meaning thereby that no mining operation would be carried out by respondent No. 1 till the pendency of the writ petitions.
(3.) The relevant part of the said order dated 14.1.2010, passed by this Court is reproduced herein below for ready reference: We make it clear that both the parties are allowed to raise their contentions in respect of the report of the C.E.C. The pendency of any matter regarding this before this Court need not preclude the High Court from considering the C.E.C. Report on merits. We also make it clear that this Court had not specifically directed the C.E.C. to file its Report as regards these leases. The High Court shall also hear the C.E.C. who is made as one of the respondents in these proceedings. The facts stated by the C.E.C. may be considered on merits by the High Court. One of the conditions in the impugned order is that the State Government shall be free to identify, demarcate and fix the boundaries of the leased areas after giving notices to the applicants. It may be done by the State Government and the interim stay ordered by this Court will continue, except as regards this condition, till the High Court passes a final order. The parties would appear before the High Court on 18.01.2010. These appeals are disposed of accordingly. Consequently, Special Leave Petition (C) Nos. 1301/2010 and 1379/2010 are also disposed of. No costs. As learned Counsel for the respondent points out that they have got international agreements, the High Court should endeavour to dispose of the matters as early as possible, at least within a period of four weeks.;