Reddys get SC breather

A Bench of Chief Justice K G Balakrishnan, and Justices Deepak Verma and B S Chauhan ruled: “The respondent company is permitted to mine in the undisputed area.’’

Reading out the order, Justice Verma said: ‘’We are granting permission in a limited manner. The company will not be allowed to operate beyond the leased area in Andhra Pradesh.’’
The court, however, made it clear that the company will not be permitted to carry out mining operations in the area which is alleged to have been transgressed towards the Karnataka border by 100-150 metres.

The apex court directed the OMC on December 17, 2009, to stop all mining operations because of allegations of encroachment of Bellary reserve forest areas in Karnataka.

In its Monday order, the Bench said the OMC and the six mines allotted to different owner in Ananthpur distriuct would have to comply with the decisions of the team headed by a top official of the Survey of India (SoI) and stop mining to facilitate demarcation of the state border between Karnataka and Andhra Pradesh.

The court asked both states to erect a 10-foot high barbed fencing along the border to prevent miners from transgressing the Bellary reserve forest in Karnataka. The Karnataka chief secretary has been asked to cooperate with the panel in demarcation of the state border.

Appearing for the Andhra Pradesh government, Attorney General Ghulam E Vahanvati said the company and other lease holders should not be given permission to carry on mining till the survey by the panel appointed by the Supreme Court  was over.

Solicitor General Gopal Subramanium read out the report submitted by the panel headed by Major General A K Padha, Additional Surveyor, SoI, which pleaded for demarcation of the boundary between Andhra Pradesh and Karnataka before measuring the limits of the mine.

In facilitating the smooth movement of officials and staff, the panel had sought a ban on mining activities in the region till demarcation work was over.

While referring to the OMC’s 68.50 hectare mine, the report said: “The occupied area shifts about 100 to 150 m towards the Karnataka-Andhra Pradesh inter-state boundary—western side—and is going beyond inter-state boundary with respect to interstate boundary appearing on Survey of India map.’’

OMC advocate Mukul Rohatgi had argued that the company should be permitted to mine in the undisputed area as it had contracts with foreign companies to supply iron ore and the mines were closed for the past five months.