The Supreme Court of India after the first hearing of the Special leave Petition (SlP) filed by the Odisha Government against an Orissa High Court order allowing JSPl to lift its purchased iron ore from the Sarada Mines Private (SMPl) leased area did not deliver any express stay on the order of the Odisha High Court.
The JSPl had been issued notice to respond to the SlP and interim prayer of stay filed by the Odisha Government. In a way, this has cleared the decks for JSPl to lift the iron ore from the SMPl leased area for which the Odisha High Court has ordered the State Government to give lifting permission within four weeks. The State is left with no alternative but to give permission or invite contempt of the High Court order where the deadline of four weeks expired on August 9 last.
In April, 2016 the Orissa High Court had directed the State Government to allow JSPl to transport its legally purchased iron ore fines and lumps lying within the leasehold area of SMPl to the company’s pelletisation plant at Barbil and railway siding. When the State Government delayed in implementing the order, the High Court again asked the State Government to comply with its order within four weeks, after hearing prayer by JSPl, seeking clarification regarding the timeline for execution of the order.
Now since, four weeks time has crossed and the apex court did not allow an expressed stay on the HC order, the State Government seems to have no option but give permission to JSPl to lift the iron ore. The JSPl has purchased this material between 2004 and 2014 and had paid royalty and taxes for the same to the State Government.