TMI Blog2012 (9) TMI 1219X X X X Extracts X X X X X X X X Extracts X X X X ..... G. Kolle, Adv., Ms. Anitha Shenoy, Adv., Mr. G.N. Reddy, Adv., Mr. Satya Siddiqui, Adv., Mr. S.K. Mishra, Adv., Mr. B.K. Prasad, Adv., Mr. C.A. Sundaram, Sr. Adv. (N/P), Mr. C.S. Vaidyanathan, Sr. Adv., Mr. Gopal Jain, Adv., Mr. Rajat Jariwal, Adv., Mr. Sanjeev K. Kapoor, Adv., for M/s. Khaitan Co., Advs., Mr. F.S. Nariman, Sr. Adv., Mr. Sunil Dogra, Adv., for M/s. Lawyers Knit and Co., Advs., Ms. Aparna Bhat, Adv., Mr. Krishnan Venugopal, Sr. Adv., Mr. B.S. Iyengar, Adv., Mr. Prashant Kumar, Adv., for M/s. AP J Chambers, Advs., Mr. C.S. Vaidyanathan, Sr. Adv., Mr. Sanjay R. Hegde, Adv., Mr. B.M. Rajesh, Adv., Mr. Tenzin Tsering, Adv., Mr. Anil Kumar Mishra-I, Adv., Mr. Mukul Rohatgi, Sr. Adv., Mr. D.L.N. Rao, Sr. Adv., Mr. S.K. Kulkarni, Adv., Mr. M. Gireesh Kumar, Adv., Mr. Ankur S. Kulkarni, Adv., Mr. D.L.N. Rao, Sr. Adv., Mr. S.K. Kulkarni, Adv., Mr. M. Gireesh Kumar, Adv., Mr. Ankur S. Kulkarni, Adv., Mr. Altaf Ahmed, Sr.Adv., Mr. C. Paramasivam, Adv., Mr. P. Ramesh, Adv., Mr. M.P. Parthiban, Adv., Mr. Rakesh K. Sharma, Adv., Mr. A.K. Sharma, Adv. For the NMDC Ltd.: Mr. Arvind Datar, Sr. Adv., Mr. K. Raghavacharayulu, Adv., Mr. S. Sukumaran, Adv., Mr. Devadatt S. K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ER This Court, by orders passed on July 29 and August 26, 2011, had imposed a ban on mining operations in all the mining leases (except two mining leases of M/s. NMDC Ltd.) in the districts of Bellary, Tumkur and Chitradurga in the State of Karnataka. Later on, the ban was lifted and permission was given for resumption of mining operations in some of the Category A mines, as enumerated in Annexure R-1 to the Central Empowered Committee s (CEC) report dated August 29, 2012, subject to certain conditions, as stipulated in the order passed by the Court on September 03, 2012. We now propose to deal with the Category B mines. The CEC has put 65 mining leases in Category B , besides 7 mining leases in Category B-1 (vide Annexure R-10, pages 112-114 of the CEC Report dated February 03, 2012). The 7 mining leases in Category B-1 will be dealt with later on, separately. Further, there are two mining leases [one in respect of M/s. S.B. Minerals (ML No. 2515) and the other in favour of Shanthalakshmi Jayaram (ML No. 2553) at Serial Nos. 1 and 2 of Annexure R-10 of the afore-mentioned Report] which the amicus suggests, for various reasons, should be dealt with along wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , as found by the Joint Team (and as finally held by the CEC) at the rate of ₹ 5 crores per hectare, and (b) for the areas under illegal overburden dumps, roads, offices, etc. outside the sanctioned lease area, as found by the Joint Team (as might have been finally held by the CEC) at the rate of ₹ 1 crore per hectare. It is made clear that the payment at the rates aforesaid is the minimum payment and each leaseholder may be liable to pay additional amounts on the basis of the final determination of the national loss caused by the illegal mining and the illegal use of the land for overburden dumps, roads, offices, etc. Each leaseholder, besides making payment as directed above, must also give an undertaking to the CEC for payment of the additional amounts, if held liable on the basis of the final determination. At the same time, we direct for the constitution of a Committee to determine the amount of compensatory payment to be made by each of the leaseholders having regard to the value of the ore illegally extracted from forest/non-forest land falling within or outside the sanctioned lease area and the profit made from such illegal extraction and the resulta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f any leaseholder is sufficient to cover the payments under the aforesaid three heads, the leaseholder may, in writing, authorize the CEC to deduct from the sale proceeds on its account the amounts under the aforesaid three heads and an undertaking to make payment of any additional amount as compensatory payment. On submission of such authorization and undertaking, the CEC shall retain the amounts covering the aforesaid three heads and pay to the concerned leaseholder the balance amount, if any. It is expected that the balance amount, after making the adjustments as indicated here, would be paid to the concerned leaseholder within one month from the date of submission of the authorization and the undertaking. In the case of any leaseholder, if the money held on his account is not sufficient to cover the aforesaid three heads, he must pay the deficit within two months from today. IV. The R R plans for the aforesaid 63 Category B mines may be prepared as early as possible, as directed by orders of this Court dated April 13, April 20 and May 05, 2012, and in case where the R R plan is already prepared and ready, the leaseholder may take steps for is comprehensive impleme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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