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2017 DIGILAW 1244 (SC)

SAMAJ PARIVARTANA SAMUDAYA v. STATE OF KARNATAKA

2017-08-16

NAVIN SINHA, PRAFULLA C.PANT, RANJAN GOGOI

body2017
ORDER : I.A. NO.268/2016 1. Having considered the status report of the second phase of auction of Category 'C' mines filed on behalf of the State of Karnataka, we are of the view that time has come for the State to disclose to the Court the particulars of all Category 'C' mines, along with full details thereof, which according to the State is economically not viable to be worked upon. 2. We, therefore, give four weeks' time to the State to file said report with an advance copy to Shri Shyam Divan, learned amicus curiae and to Shri Prashant Bhushan, learned counsel for the petitioner in the main writ petition so as to enable them to file their responses in the matter. 3. List the matter on 14th September, 2017 at 2.00 p.m. 4. Needless to say that there shall be no further auction of Category 'C' mines without leave of the Court. 5. We request Shri M.K. Jiwrajka, former Member Secretary of C.E.C., to be present in Court to assist the Court in the deliberations on the next date fixed i.e. 14.09.2016. 6. A copy of this order be communicated to Shri M.K.Jiwrajka. I.A. Nos. 250/2016 IN/AND 247/2015 7. We have considered the detailed proposal filed on behalf of the State of Karnataka, the report of the CEC in this regard and the objections of Federation of Indian Mineral Industries (FIMI), Southern Region. 8. On such consideration, we are of the view that at this stage the Court should explore the possibility of seeking expert opinion on the viability/feasibility of the proposal in question, not only from the stand point of its technical parameters but also from the environmental perspective. In other words, whether the idea envisaged under the proposal submitted by the State of Karnataka would be a feasible from the aforesaid stand points is required to be gone into in the first instance. 9. Shri Shyam Divan, learned amicus curiae, has submitted that he would ascertain the details of such agencies who may be entrusted with the task contemplated by the Court by the present order. 10. In this regard the Court would like the assistance of Shri M.K. Jiwrajka, former Member Secretary of C.E.C., who is requested to look into the matter and assist the Court on the next date fixed i.e. 24th August, 2017 at 2.00 p.m. 11. 10. In this regard the Court would like the assistance of Shri M.K. Jiwrajka, former Member Secretary of C.E.C., who is requested to look into the matter and assist the Court on the next date fixed i.e. 24th August, 2017 at 2.00 p.m. 11. The objections of FIMI to the proposal of the State and the report of the C.E.C., including the objection in respect of funding for construction of conveyor belt system will be considered once the issue’s identified in this regard is resolved.