New Delhi: The Supreme Court (SC) has allowed M/S Essel Mining Private Limited to resume mining operations in Odisha citing that the lessee has paid the entire amount of penalty and interest as per the judgement of this court in August 2017.
A two-judge bench of the apex court comprising Justices Deepak Gupta and Surya Kant observed that the applicant is allowed to conduct operation. However, the order of the court will be subject to observations of Justice Singhvi Commission report.
“We make it clear that this order granting permission to Essel Mining will be subject to any observation which may be made in the report of Justice GS Singhvi and Justice AR Dave. We, after considering the report and hearing the parties, shall decide whether to vacate this order or not,” the bench observed.
The counsels appearing for the company made submission to the court that they have paid all the dues as per the order of apex court dated August 2, 2017 and availed clearance in respect of mines. So, they should be allowed to resume operations. The state government has also admitted this in the reply.
The counsel appearing for the petitioner, Prashant Bhushan, submitted to the court that permission may not be granted because the question whether M/S Essel Mining have gone beyond the maximum limit of 1,000 hectares has been referred to the Commission comprising Justice GS Singhvi and Justice AR Dave. That report is expected soon.