An SLP was filed against an order of the High Court
Dalmia Cement (Bharat) had made a request for transfer of lease in favour of Ramghad Minerals
A Division Bench judgment of the Karnataka High Court had upheld the transfer of the mining lease
New Delhi: The Supreme Court on Wednesday ordered status quo in respect of mining in areas transferred by Dalmia Cement (Bharat) Ltd. in favour of Messrs Ramghad Minerals and Mining Pvt. Ltd. in Sandur taluk of Bellary district.
A three-judge Bench of Chief Justice K.G. Balakrishnan, Justice A.K. Ganguly and Justice B.S. Chauhan, however, permitted processing of steps for clearance for the second stage of mining in that area.
The Bench passed this order on a special leave petition (SLP) filed by Messrs Muneer Enterprises against a Division Bench judgment of the Karnataka High Court dated August 26 upholding the transfer of the mining lease and stating that mining would be subject to approval from the Central Government under Section 2 of the Forest Conservation Act.
The Bench after hearing senior counsel Harish Salve for the appellant and K.K. Venugopal and Mukul Rohatgi for the respondents issued notice and directed the matter to be listed in January 2010.
The appellant said that as an adjoining mine holder he got a right to apply for mining lease over this area.
However, Dalmia Cement (Bharat) after surrendering the lease made a request for transfer of the mining lease in favour of Ramghad Minerals and the request was accepted.
A single judge quashed the transfer, but a Division Bench upheld the transfer.
The SLP is directed against this judgment.