Court : Karnataka
Reported in : 2012(2)KCCR1341; 2012(4)KLT33(SN)(C.No.31)
(Prayer: These appeals have been filed u/s. 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No. 26938/2010 (GM-RES) dated 01.09.2010.) 1. This reference under section 7 of the Karnataka High court Act 1961 has been received in these circumstances. A learned Single Judge following Sri Krishna Fisherman Co-operative Society Limited – Vs- State of Karnataka, represented by its Secretary, Department of Animal Husbandary and Fisheries [ILR 2009 KAR 189] had on 01.09.2010 issued a mandamus to the effect that fishing rights in the state shall be by tender/ public auction with reference to the Government Order dated 26.02.2006 and not by private negotiations. Writ Appeal No. 3829/2010 preferred by the State of Karnataka, was admitted on 02.12.2010. In the interregnum, Writ Appeal No. 2/2011 came to be filed by Shri Mahatma Gandhi Kere Balakedarara Sangha (R) also assailing the very same order of the learned single Judge dated 01.09.2010; and i...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC811; 1997(1)Crimes189(SC); JT1997(1)SC160; 1997(5)SCALE406; (1997)2SCC87; [1996]Supp9SCR848
ORDERKuldip Singh, J.1. Shrimp (Prawn) Culture Industry is taking roots in India. Since long the fishermen in India have been following the traditional rice/shrimp rotating acqua culture system. Rice is grown during part of the year and shrimp and other fish species are cultured during the rest of the year. However, during the last decade the traditional system which, apart from producing rice, produced 140 kgs. of shrimp per hectare of land began to give way to more intensive methods of shrimp culture which could produce thousands of kilograms per hectare. A large number of private companies and multi-national corporations have started investing in shrimp farms. In the last few years more than eighty thousand hectares of land have been converted to shrimp farming. India's Marine export weighed in at 70,000 tonnes in 1993 and these exports are projected to reach 200 thousand tonnes by the year 2000. The shrimp farming advocates regard aquaculture as potential savior of developing count...
Tag this Judgment!Court : Karnataka
P.D. Dinakaran, C.J.1. The silent beauty and salient features of the nature and environment are described by our Great National Poet, Sri Rabindranath Tagore in 'GITANJALI', Poem 45, as hereunder:Have you not heard his silent steps?He comes, comes, ever comes.'Every moment and every age, every day and every nightHe comes, comes, ever comes.Many a song have I sung in many a mood of mind,'But all their notes have always proclaimed,'He comes, comes, ever comes'In the fragrant days of sunny April through theForest path be comes, comes, ever comes.In the rainy gloom of July mights on the thunderingChariot of clouds be comes, comes, ever comes.In sorrow after sorrow it is his steps that press uponMy heart, and it is the golden touch of his feet that makes my joy to shine.Sri Rabindranath Tagore2. This Public Interest Litigtion, unlike other usual adversarial litigation, initiated by this Court, suo motu, based on the press reports as to the mysterious death of elephants in Mysore forest area...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION WRIT PETITION (CRL.) No.120 OF2012Manohar Lal Sharma Petitioner Vs. The Principal Secretary & Ors. Respondents WITH WRIT PETITION [C]. No.463 OF2012WRIT PETITION [C]. No.515 OF2012WRIT PETITION [C]. No.283 OF2013JUDGMENT R.M. LODHA, CJI. Coal is king and paramount Lord of industry is an old saying in the industrial world. Industrial greatness has been built up on coal by many countries. In India, coal is the most important indigenous energy resource and remains the dominant fuel for power generation and many industrial applications. A number of major industrial sectors including iron and steel production depend on coal as a source of energy. The cement industry is also a major coal user. Coals potential as a feedstock for producing liquid transport fuels is huge in India. Coal can help significant economic growth. Indias energy future and prosperity are integrally dependant upon mining and using its most abundant, aff...
Tag this Judgment!Court : Supreme Court of India
Reportable 2024 INSC554IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION Civil Appeal Nos. 4056-4064 of 1999 Mineral Area Development Authority & Anr. Appellants Versus M/S Steel Authority of India & Anr Etc. Respondents With Civil Appeal No.7937 of 2019 With Writ Petition (Civil) No.512 of 2018 With Civil Appeal No.7938 of 2019 With Civil Appeal No.7936 of 2019 With Civil Appeal No.6221 of 2008 With Civil Appeal No.5250 of 2019 With Writ Petition (C) No.729 of 2019 With Writ Petition (C) No.1029 of 2019 With Special Leave Petition (C) No.16028 of 2021 With Civil Appeal No.4286 of 2023 1 With Civil Appeal No.5682 of 2007 With Civil Appeal No.1295 of 2008 With Civil Appeal No.874 of 2013 With Civil Appeal Nos. 8269-8271 of 2013 With Civil Appeal No.8268 of 2013 With Civil Appeal No.8267 of 2013 With Civil Appeal No.6135 of 2013 With Civil Appeal No.8272 of 2013 With Civil Appeal No.9458 of 2013 With Special Leave Petition (Civil) No.18600 of 2013 With Civil Appeal No.4...
Tag this Judgment!Court : Delhi
IN THE HIGH COURT OF DELHI AT NEW DELHI $~1 to 4 * + W.P.(C) 7537/2018 & CM APPLN. 28828/2018 Reserved on: Pronounced on:25. 01.2019 06.02.2019 M/S STANDARD METALLOYS PVT. LTD. ........ Petitioner versus UNION OF INDIA AND ORS. ........ RESPONDENTS + W.P.(C) 7553/2018 & CM APPLN. 28875-76/2018 M/S RVG MINERALS AND METALS PVT. LTD. ........ Petitioner versus UNION OF INDIA AND ORS. ........ RESPONDENTS + W.P.(C) 7555/2018 & CM APPLN. 28879-80/2018 M/S RVG METALS AND ALLOYS PVT. LTD. ........ Petitioner versus UNION OF INDIA AND ORS. ........ RESPONDENTS + W.P.(C) 7591/2018 & CM APPLN. 29004-05/2018 M/S APEX METALLOYS PVT. LTD versus UNION OF INDIA AND ORS. ........ Petitioner ........ RESPONDENTS Advocates of the case: Counsel for the... Petitioners: Mr.Dhruv Mehta, Sr. Adv. with Mr.Aman Vachher, Mr. Saket Sikri, Mr.Yashraj Deora, Mr.Ashutosh Dubey, Ms.Anu Srivastava & Mr.Arun Nagar, Advs. W.P.(C) 7537/2018 and batch matters Page 1 of 95 Counsel for the... RESPONDENTS: Mrs. Maninder Ach...
Tag this Judgment!Court : Karnataka
Reported in : 2009(4)KCCR2566(D.B)
I. CORE ISSUES1. The above batch of writ appeals are directed against the order dated 7th August, 2008 made in writ petition No. 21608 of 2005, raising the following core issues for our consideration:(i) Whether it is proper for this Court to exercise its power of judicial review under Article 226 of the Constitution of India to adjudicate on the policy decision with respect to substantial development of the State and quash the notification made under Rule 59(1) of the Mineral Concession Rules, 1960 (for short 'MC Rules') notifying the area available for mining iron ore?(ii) Whether the application, for grant of mining lease for an area, without a notification under Rule 59(1) of the MC Rules, 1960 notifying the said area as available for mining, can be considered for grant of mining lease under Section 11(2) of the Mines and Minerals (Development & Regulation) Act, 1957, (for short 'MMDR Act') as, such application is premature and shall not be entertained as per Rule 60 of the MC Rule...
Tag this Judgment!Court : Karnataka
Reported in : 2008(1)KarLJ1992007(4)KCCRSN257; 2007(5)AIRKarR534; AIR2007NOC2435
ORDERD.V. Shylendra Kumar, J.1. These two writ petitions are by persons who had aspired for mining lease of government reserved forest lands in Kumaraswamy range of reserved forest of Sandur taluk in Bellary district, which land figures one amongst several parcels of lands notified for grant of mining lease by the government of Karnataka in terms of its notification No. Cl 16 MMM 2003 dated 15-3-2007. The notification was issued under Rule 59 of the Mineral Concession Rules, 1960 [for short, the Rules], which in turn is the Rules framed under the provisions of the Mines & Minerals (Development & Regulation) Act, 1957 [for short, the Act].2. It appears that the writ petitioner in WP No. 20739 of 2005 M/s Salgaocar Mining Industries Pvt Ltd., had filed an application in form No. 1 and had sought for grant of mining lease in respect of an extent of 524.80 ha of forest land in Ramanamale block, Sandur range, Bellary district and a sketch plan had been enclosed along with the application, t...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(1)CTLJ1(SC); JT2007(1)SC125; 2006(13)SCALE102; (2007)2SCC640; 2007(2)KCCRSN91
S.B. Sinha, J.Introduction:1. Leave granted in all the special leave petitions.2. The validity and/or legality of a scheme framed by the Coal India Limited for sale of coal by Electronic Auction (E-Auction) is in question in these appeals and transferred applications. 3. 'Coal' indisputably plays an important role in the development of economy of the country. It had been the subject-matter of regulatory measures even under the Defence of India Rules. Production, distribution, supply and price of coal were controlled and regulated under the Colliery Control Order, 1945 (1945 Order) framed under the said Rules. The said Order was continued under the Essential Commodities Act, 1955. Under the Colliery Control Order, the Coal Controller was even authorised to allot quotas of coal to the Central Government as well as the State Governments; although the said procedure is now not in vogue in view of decontrolling notifications issued thereunder by the Central Government from time to time. The...
Tag this Judgment!Court : Supreme Court of India
1. This is a very unusual and extraordinary litigation where even after fifteen years of the final judgment of this court (date of judgment 13th February, 1996) the litigation has been deliberately kept alive by filing one interlocutory application or the other in order to avoid compliance of the judgment. The said judgment of this Court has not been permitted to acquire finality till date. This is a classic example how by abuse of the process of law even the final judgment of the apex court can be circumvented for more than a decade and a half. This is indeed a very serious matter concerning the sanctity and credibility of the judicial system in general and of the apex court in particular.2. An environmentalist organisation brought to light the sufferings and woes of people living in the vicinity of chemical industrial plants in India. This petition relates to the suffering of people of village Bichhri in Udaipur District of Rajasthan. In the Writ Petition No.967 of 1989, it was demon...
Tag this Judgment!