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Civil · Reportable judgment

State of Odisha & Ors. vs M/s. Jindal Steel and Power Ltd. & Ors.

Court
Supreme Court of India
Date
30 January 2020
Case No.
Civil Appeal No. 850 of 2020
Result
Disposed
Bench
S.A. Bobde, Bhushan Ramkrishna Gavai, Surya Kant
Citation
[2020] 3 S.C.R. 525 : 2020 INSC 108
Supreme Court Reports [2020] 3 S.C.R. 525 : 2020 INSC 108
Headnote

Mining:

Arrangement between respondent-company (which runs steel -production plants) and mining company – To purchase certain iron ore which was to be processed into Lump Ores and Fines at the leasehold area of the mining company by the respondent- company and later to be stored at dispatch point, pending transporation – Approval for such arrangement was granted by State, subject to payment of royalty at the highest rate – After 31.3.2014, State refused ‘transit permit’ for transporting the procured and processed Iron Ore from to despatch point to the plants of respondent-company on the ground that environment clearance for enhanced production of the mining company had expired – Writ petition by respondentcompany challenging refusal of transit permit – High Court allowed the writ quashing the order whereby transit permit was refused – Appeal to Supreme Court – Mining Comany’s application for intervention and sought modification of order dated 15.1.2020 in another case wherein the mining company was granted one month time for payment of dues as assessed by Central Environment Committee – HELD: Mining Company’s prayer for modification of the order dated 15.01.2020 is accepted – Mining Company must pay its dues and give the requisite undertaking by 29 February, 2020 post which alone, it shall be at liberty to resume its mining operations as per order dated 15.01.2020 – Once the mining company complies with above direction, respondent -company can lift the already mined, processed and royalty paid Iron Ore lying at the dispatch point within mining company’s premises and transport these stocks to its plants across the country – The proceeds thereof must be deposited with the Trust & Retention Account under the custody of the State Bank of India – Writ petition allowed. The Bihar Mines Ltd. v. Union of India AIR 1967 SC 887: [1967] SCR 707; Samaj Parivartana Samudaya v. State of Karnataka (2013) 8 SCC 154 : [2013] 6 SCR 810 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Judgment of the Court was delivered : 1. With the consent of learned counsel for the parties, Special Leave to Appeal is taken up for final hearing along with the captioned Interlocutory Applications. 2. Leave Granted. Heard learned counsel for the parties. 3. This Civil Appeal is directed against the order of a Division Bench of the Orissa High Court which allowed the writ petition filed by Respondent No. 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, r
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