UNION OF INDIA Vs. RVG METALS

JUDGEMENT

(1.) Taking exception to a common judgment passed on 06.02.2019 by the writ court (Single Bench) in W.P.(C) 7537/2018 titled M/s Standard Metalloys Pvt. Ltd. vs. Union of India and Ors., W.P.(C) 7553/2018 titled M/s RVG Minerals and Metals Pvt. Ltd. vs. Union of India and Ors., W.P.(C) 7555/2018 titled M/s RVG Metals and Alloys Pvt. Ltd. vs. Union of India and Ors. and W.P.(C) 7591/2018 titled M/s Apex Metalloys Pvt. Ltd. vs. Union of India and Ors., these appeals have been filed under Clause 10 of the Letters Patent. As facts and questions of law are common and identical in nature, therefore all the four appeals are being disposed of by this common judgment.

(2.) The original writ petitioners challenged an order dated 30.06.2016 passed by Controller General, Indian Bureau of Mines (IBM)/appellant No.2 in his capacity as the Administering Authority exercising statutory jurisdiction under the Offshore Areas Mining (Development and Regulation) Act, 2002 (hereinafter referred to as the "OAMDR Act"). All the facts relevant with regard to the issue have been dealt with in-extenso by the learned Single Judge from paras 4 to 8 of the impugned judgment and it is not necessary to dwell into them in detail.

(3.) Before considering the matter on merits, it is necessary to decide CM No.18118/2019, which is an application for impleadment filed in LPA No.185/2019 by M/s Trimax Sand Pvt. Ltd. The appeals were filed on 05.03.2019. They came-up for hearing before us on 18.03.2019 and on the request made by the counsel representing the appellants we adjourned the matters to 25.03.2019. On 25.03.2019, as the Bench could not assemble, the cases were adjourned to 29.03.2019. On 29.03.2019 notices were issued; interim order passed, parties were directed to file submissions or affidavit, if advised, and the matters were listed on 08.04.2019. The matters were partly heard on 08.04.2019 and thereafter further arguments were to be heard on 16.04.2019. When the matters were taken up on 16.04.2019, it is seen that the aforesaid impleadment application had been filed, a day before i.e. on 15.04.2019. This impleadment application indicates that it has been filed by way of abundant caution and the applicant seeks impleadment on the ground that certain orders passed on 09.11.2017 in W.P.(C) No.5734/2016 at the instance of the appellants are pending consideration in an SLP pending before the Honble Supreme Court, being SLP No.2348/2018. Arguments in the same have been heard and on 08.04.2019 the matter has been reserved for orders. However, the fact remains that on 09.11.2017, W.P.(C) No.5734/2016 was disposed of by the Bench on the basis of certain statement made by the counsel representing the Union of India before the Bench. Thereafter, a review application was filed and the review application is pending before the Single Judge. Be that as it may, the learned writ court, in the impugned order passed on 06.02.2019 in these appeals, had taken note of the order dated 09.11.2017 passed in W.P.(C) No.5734/2016 and has observed that the said writ petition was not decided on merits, was disposed of based on certain statements made by the learned ASG for the Department and as a review application (R.P. 103/2018) is pending, and now, the present writ petitions are being decided on merits. Once the writ petitions have been decided on merits, in our considered view, even Review Pet. No.103/2018 may have been rendered infructuous. However, we do not wish to make any comment on the same as we are informed that Review Pet. No.103/2018 is pending before the Division Bench and once the issue is being decided on merits, we need not take note of these factors. That apart, the other grounds raised in the application for impleadment are nothing but the grounds on merits with regard to the impugned order, which are also the grounds raised by the Union of India in the present appeal and the applicant/Intervener, who was not even a party before the writ court and who did not even bother to challenge the order of the writ court after it was rendered on 06.02.2019, cannot, now be permitted to participate in the proceedings when the matter is being heard.