By S A Ishaqui
Hyderabad, Nov. 30: The Andhra Pradesh High Court was dismayed on Monday over an advocate’s submission when a petition filed by Obulapuram Mining Company (OMC) was being heard. OMC was challenging the government’s order restraining it from mining.
A division bench comprising Chief Justice Anil R. Dave and Justice C.V. Nagarjuna Reddy was dealing with the petition. During the course of hearing, counsel appearing for a petitioner who challenged mining lease to OMC submitted that the firm deliberately impleaded the Pollution Control Board as a party in the petition even though it had nothing to do with the case. He said the petitioner was deliberately trying to get the subject matter out of the roster of a single judge of this court and it was a case of “forum shopping.” The bench took serious exception to the submissions of counsel and told him not to attribute motives to the court.
Counsel appearing on behalf of the OMC argued that the government had no power to suspend the loading of material which was lying in the ports for loading. Justice Nagarjuna Reddy asked the advocate-general Mr Seetharam Murthy what power the government had to suspend the activities.
Mr Murthy replied that the government has inherent power and the GO was issued in public interest. He further said that there was a public outcry over OMC’s mining activities. He submitted that there were serious allegations on extraction of iron ore from the disputed area.
The bench said: “If the company is mining in a disputed area, you could have stopped the mining, but how can you stop mining completely in the entire area?”
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