Supreme Court - Daily Orders
Kirloskar Ferrous Industries Limited vs Union Of India on 16 October, 2023
1
ITEM NO.20 COURT NO.1 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION (CIVIL) Diary No(s).10827/2023
KIRLOSKAR FERROUS INDUSTRIES LIMITED & ANR. Petitioner(s)
VERSUS
UNION OF INDIA & ANR. Respondent(s)
(FOR ADMISSION and IA No.125313/2023-EX-PARTE STAY and IA
No.125312/2023-CONDONATION OF DELAY IN REFILING / CURING THE
DEFECTS, IA No. 148772/2023 – CLARIFICATION/DIRECTION, IA No.
148776/2023 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 16-10-2023 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE J.B. PARDIWALA
HON'BLE MR. JUSTICE MANOJ MISRA
For Petitioner(s) Dr. Abhishek Manu Singhvi, Sr. Adv.
Mr. M S Ananth, Adv.
Ms. Aanchal Mullick, Adv.
Ms. Kamakshi Dhingra, Adv.
Mr. Siddharth Seam, Adv.
Mr. Abhinav Agrawal, AOR
For Respondent(s) Mr. K M Nataraj, A.S.G.
Mr. Gurmeet Singh Makker, AOR
Mr. Shailesh Madiyal, Adv.
Mr. Chinmayee Chandra, Adv.
Mr. Sandeep Singh, Adv.
Mr. Sridhar Potaraju, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1 The issue, at this stage, is whether the grievances which are raised in these proceedings under Article 32 of the Constitution overlap or are similar to issues Signature Not Verified Digitally signed by Sanjay Kumar Date: 2023.10.16 raised in two Special Leave Petitions which are pending before this Court, 17:57:53 IST Reason:
namely, (i) Salitho Ores Pvt Ltd v Captain of Ports & Ors1; and (ii) 1 SLP(C) No 23906 of 2013 2 Dharamsi Moraji Chemicals Co Ltd v Union of India2.
2 It is common ground that the earlier Special Leave Petitions deal with the Mineral Concession Rules 1960, while the present Petition under Article 32 relates to the Mineral Concession Rules 2016.
3 Dr Abhishek Manu Singhvi, senior counsel, and Mr K M Nataraj, Additional Solicitor General have placed their respective charts; the petitioners contending that the issues are similar, while the Union of India contends the contrary. 4 Mr K M Nataraj has urged that it would be open to the petitioners, if they are so aggrieved by the provisions of Section 39 of the Mineral Concession Rules 2016, to invoke the jurisdiction of the High Court under Article 226 of the Constitution and, thereafter, even move a transfer petition if according to them there is an overlap of the issues.
5 Before we consider the rival submissions, it would be appropriate to grant liberty to the Union of India, at this stage, limited to the question as to whether the issues raised in these proceedings are distinct from those which are the subject matter of the pending Special Leave Petitions, as urged by the Additional Solicitor General.
6 The affidavit in this regard be filed on or before 30 October 2023. 7 Rejoinder, if any, be filed on or before 6 November 2023. 8 List the Petition on 10 November 2023.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)
DEPUTY REGISTRAR ASSISTANT REGISTRAR
2 SLP (C) 3476 of 2018