Sarveshwari Mining (P) Ltd. Vs. the Official Liquidator, High Court, Calcutta - Court Judgment

SooperKanoon Citationsooperkanoon.com/1155622
CourtKolkata High Court
Decided OnJul-11-2014
JudgeI. P. MUKERJI
AppellantSarveshwari Mining (P) Ltd.
RespondentThe Official Liquidator, High Court, Calcutta
Excerpt:
ca no.891 of 2010 cp no.580 of 2000 in the high court at calcutta original jurisdiction original side in the matter of: the sutna stone & lime co.ltd.[in liqn.].and in the matter of: sarveshwari mining (p) ltd.versus the official liquidator, high court, calcutta before: the hon'ble justice i.p.mukerj.date : 11th july, 2014. appearance: mr.ahin chowdhury, sr.advocate mr.subrata dutta, advocate ms.kuheli sinha, advocate ms.sumana sinha, advocate mr.ravi kapur, advocate mr.a.kanodia, advocate mr.ruma sikdar, advocate the court: this application is adjourned till 29th august, 2014. as suggested by mr.kapur, learned advocate, the district magistrate cum collector will hold a meeting with necessary parties with regard to the 10% land which is under the occupation of unauthorised.....
Judgment:

CA No.891 of 2010 CP No.580 of 2000 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE In the matter of: THE SUTNA STONE & LIME Co.LTD.[IN LIQN.].And In the matter of: SARVESHWARI MINING (P) LTD.Versus THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 11th July, 2014.

Appearance: Mr.Ahin Chowdhury, Sr.Advocate Mr.Subrata Dutta, Advocate Ms.Kuheli Sinha, Advocate Ms.Sumana Sinha, Advocate Mr.Ravi Kapur, Advocate Mr.A.Kanodia, Advocate Mr.Ruma Sikdar, Advocate The Court: This application is adjourned till 29th August, 2014.

As suggested by Mr.Kapur, learned Advocate, the District Magistrate cum Collector will hold a meeting with necessary parties with regard to the 10% land which is under the occupation of unauthorised occupieRs.Minutes have to be prepared and a report to be filed by the District Magistrate and Collector before the returnable date as to what action has been taken and proposed to be taken in compliance with the existing orders of this Court for handing over the land to the applicant without encumbrance.

The report will also state what couRs.of action has been decided upon to accommodate the persons to be displaced.

Furthermore, although it is claimed by Mr.Kapur that there is no illegal mining activity in the area, the contrary is claimed by Mr.Chowdhury, learned Senior Advocate, and learned counsel for the Official Liquidator attached to this High Court.

I think further orders need be passed which I hereby do directing the District Magistrate cum Collector and the Superintendent of Police of Sutna to make available a body of police personnel at the disposal of the Official Liquidator of this Court.

This police personnel will act according to the directions of the Official Liquidator to ensure that there is no illegal mining.

The District Magistrate cum Collector will file a compliance report regarding this before the returnable date.

The Official Liquidator will act under the supervision of the Secretary, Department of Mineral Resources, Vallabh Bhawan, Bhopal (M.P.).Let a copy of this order be sent to the said Secretary, Department of Mineral Resources, Vallabh Bhawan, Bhopal (M.P.).by Mr.Chowdhury’s Advocate on record to ensure compliance with this order.

Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

G/ (I.P.MUKERJI, J.)