GOVT. OF ANDHRA PRADESH & ORS. versus M/S. OBULAPURAM MINING CO. PVT. LTD.& ORS. ETC.

GOVT. OF ANDHRA PRADESH & ORS. versus M/S. OBULAPURAM MINING CO. PVT. LTD.& ORS. ETC.

Respondent No.1 may carry out mining operations only in undisputed areas that neither fall within Karnataka nor abut its border, as per the base map (Annexure 'A'), and not where demarcation is incomplete or contested. This is an interim arrangement pending final adjudication and subject to compliance with Committee supervision and fencing requirements.

Parties
Petitioner: Govt. of Andhra Pradesh & Ors.; Respondent: M/S. Obulapuram Mining Co. Pvt. Ltd. & Ors.
Jurisdiction
India
Judgment Date
10 May 2010
Procedural Posture
Special Leave Petition (civil) Nos. 7366 7367 of 2010 / Interim Orders on Demarcation and Mining Operations Pending Final Adjudication
Outcome
Interim order partly modified; respondent may mine in undisputed areas with strict restrictions, pending final hearing.
Legal Topics
Mining Leases, Iron Ore Mining, Inter State Boundary Demarcation, Injunction and Interim Orders
Mines and Minerals Mining Leases Iron Ore Mining Inter State Boundary Demarcation Injunction and Interim Orders

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Parties

Govt. of Andhra Pradesh & Ors.

Petitioner

M/S. Obulapuram Mining Co. Pvt. Ltd. & Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) Nos. 7366 7367 of 2010 / Interim Orders on Demarcation and Mining Operations Pending Final Adjudication

Legal Issues

  1. 1 Whether Obulapuram Mining Co. Pvt. Ltd. can be permitted to continue mining operations pending final demarcation of boundaries between Andhra Pradesh and Karnataka and between lessees
  2. 2 Whether the company conducted mining outside its leased area
  3. 3 How to work out equities between the parties in view of disputed areas

Ratio Decidendi

Respondent No.1 may carry out mining operations only in undisputed areas that neither fall within Karnataka nor abut its border, as per the base map (Annexure 'A'), and not where demarcation is incomplete or contested. This is an interim arrangement pending final adjudication and subject to compliance with Committee supervision and fencing requirements.

Court Disposition

Interim order partly modified; respondent may mine in undisputed areas with strict restrictions, pending final hearing.

Orders

  • Respondent No.1 allowed to mine only in undisputed area not abutting or within Karnataka, as per base map Annexure 'A'.
  • No mining in disputed areas or within 150 metres of Karnataka border; barbed wire fencing to be put in place.