Bhubaneswar, Aug 28: The Supreme Court after thefirst hearing of the Special Leave Petition (SLP) filed by Odisha Government
against the Orissa High Court order allowing JSPL to lift its purchased iron
ore from the Sarada Mines leased area did not deliver any express stay on the
order of the HC.
JSPL had been issued notice to respond to the SLP
and interim prayer of stay filed by the State Government. In a way, this has cleared the decks for JSPL
to lift the iron ore from the SMPL leased area for which the Orissa HC has ordered
the State Government to give lifting permission within four weeks from July 12.
The State is left with no alternative but to give permission or invite contempt
of the HC order where the deadline of four weeks expired on August 9, 2016
and interim prayer of stay filed by the State Government. In a way, this has cleared the decks for JSPL
to lift the iron ore from the SMPL leased area for which the Orissa HC has ordered
the State Government to give lifting permission within four weeks from July 12.
The State is left with no alternative but to give permission or invite contempt
of the HC order where the deadline of four weeks expired on August 9, 2016
In April, 2016 the Orissa HC had directed the State
Government to allow JSPL to transport its legally purchased iron ore fines and
lumps lying within the leasehold area of SMPL to the Company’s Pelletisation
Plant at Barbil and railway siding. When the State Government delayed in
implementing the order, the HC again asked the State Government to comply with
its order within four weeks from July 12, after hearing prayer by JSPL, seeking
clarification regarding the timeline for execution of the order.
Government to allow JSPL to transport its legally purchased iron ore fines and
lumps lying within the leasehold area of SMPL to the Company’s Pelletisation
Plant at Barbil and railway siding. When the State Government delayed in
implementing the order, the HC again asked the State Government to comply with
its order within four weeks from July 12, after hearing prayer by JSPL, seeking
clarification regarding the timeline for execution of the order.
Now since, four weeks time has crossed and the apex court
did not allow an expressed stay on HC order, the State Government seems to have
no option but give permission to JSPL to lift the iron ore. JSPL has purchased
this material between 2004 and 2014 and had paid royalty and taxes for the same
to the State Government.
did not allow an expressed stay on HC order, the State Government seems to have
no option but give permission to JSPL to lift the iron ore. JSPL has purchased
this material between 2004 and 2014 and had paid royalty and taxes for the same
to the State Government.