SC rejects Pleas of calculation anomalies, partial payments
New Delhi: In a major setback to erring mining leaseholders from Orissa, the Supreme Court Wednesday dismissed their pleas of anomalies in the calculation of penalty dues and demand for payment of dues in instalments in the illegal mining case.
The case came for hearing before a two-judge SC bench comprising Justice Madan Lokur and Justice Deepak Gupta which heard the matter for 45 minutes. The hearing was also witnessed by a number of representatives of mining leaseholders who assembled in the court room anticipating that their objections on penalty and mode of payment would be considered.
The SC bench in its order said that the pleas on the demands of the mining leaseholders have been dismissed and they have to pay the dues calculated by the Central Empowered Committee (CEC) by December 31 this year. Otherwise they would not be allowed to operate and the Orissa government can take action against the miners.
During the long hearing in the court room, the different lawyers representing mining leaseholders demanded that the bench should consider exclusion of the ‘Royalty’ and ‘Income Tax’ paid to the government from the penalty dues which they are now supposed to pay. The demand for payment of the dues in instalments was also rejected by the SC bench.
The SC has now reiterated its judgement passed August 2 asking erring mining leaseholders to pay dues by December 31 or stop mining. Those who are willing to pay can continue mining operations after fulfilling the required pre-requisites. With this order, the SC has now put an end to the pleas of miners on calculation anomalies and mode of payment.
“The arguments of miners on deferred payment, payment in instalments and mining operations post December by defaulters were rejected by the SC. Unlike their submissions, the state and the petitioner (Common Cause) argued for 100 per cent penalty on erring miners before the court. Now those who will pay will be relieved,” counsel for Orissa government advocate Kirti Renu Mishra told Orissa POST.
PNN
