HC set asides single bench verdict on mine department's order

The Madras High Court today set aside the verdict of a single bench quashing a central mines department order rejecting mining scheme of V V Mineral company.
Setting aside the order of Justice C S Karnan, the First Bench comprising Chief Justice Sanjay Kishan Kaul and Justice T S Sivagnanam directed the Union government to formulate a fresh scheme for mining operations.
The Regional Controller of Mines had filed 32 appeals over a period of time against the July 7, 2014 order of the single bench quashing deparment's rejection of mining scheme of the firm.
The company was engaged in extracting major minerals in Tuticorin, Tirunelveli and Kanyakumari districts' coastal regions.

The Mining department had in December 18, 2013 letter pointed out certain minor defects in mining scheme proposed by the company and returned the scheme for rectification.
Later, the mining department rejected the scheme saying that the defects had not been attended.

V V Mineral Managing Director S Vaikundarajan and others had filed a batch of writ petitions after the March 5, 2014 order of the Centre rejecting their schemes.
Justice Karnanan had quashed the rejection orders though the department did not file its counter affidavits.
The court heard neither the arguments of the Regional Controller of mines nor received counter-affidavits before passing the orders, said Indian Bureau of Mines in their appeals.

Additional Solicitor General of India G Rajagopalan represented the Centre before the first bench last month and sought condonation of delay of more than 210 days in filing appeals.
"The single judge without receiving counter-affidavits and without hearing the arguments of the Regional Controller of mines, reserved judgment on July 7, 2014. Later, he pronounced judgments the same day, which resulted in failure of justice," Regional Controller of Mines said in his appeals.
Senior Central Government Standing Counsel Rabu Manohar had submitted that the orders rejecting the mining operations were issued only because they failed to submit their mining scheme at least 120 days before expiry of their approved mining scheme.

They were first issued show-cause notices giving 30 days for submitting reply and then suspended after no reply was forthcoming, he said.