Iron ore: Supreme Court asks Vedanta to move Bengaluru court

Financial Express 
March 07, 2018

The Supreme Court on Tuesday asked Vedanta (erstwhile Sesa Sterlite) to move a Bangalore court for release of its 34.544 tonne of seized iron ore after establishing its existence and ownership rights over it.
Setting aside the Karnataka High Court’s judgement that directed release of the seized iron ore to Vedanta, a Bench comprising justices AK Sikri and Ashok Bhushan said, “it shall be open for Vedanta to file an appropriate application before the XXXII Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bangalore, for release of seized iron ore by establishing its existence and its ownership right over the same, which may be considered by Jurisdictional Criminal Court in accordance with law.”
The order came on an appeal filed by the Karnataka government against the state High Court’s July last year’s order that allowed release of the Vedanta iron ore. A FIR was registered against the company in March 2010 for illegal storage of iron ore by violating forest rules. An Ankola court had permitted for further inquiry into the case.
Another set of cases were registered by the CBI and chargesheets were filed before the Bangalore CBI court. Soon the forest department had sought permission to dispose off 56 heaps of iron ore lying at the Belekeri Port approximately weighing 2.73 lakh tonne by e-tender. The state was allowed to do so. This was challenged by Vedanta in the Karnataka High Court.
The company had sought permission to remove and transport the entire quantity of approximately 34.544 Metric Tonnes of iron ore from Belekere Port premises to its pig iron plant at Amona in Goa without insisting on any further payment of royalty. The HC had ruled in Vedanta’s favour. This was challenged by the state government in the apex court on the grounds that the HC had based its decision by accepting a wrong closure report which had nothing to do with the proceeding before the Special CBI Judge.
It said that the Bangalore court had accepted the report in a case which was registered by Special Investigation Team of Karnataka Lokayukta and that was altogether a different case from.
Vedanta has insisted that no offence of illegal stocking of iron ore was proved against it and the claim for release of 34,544 tonne of iron was different from that was seized in a different case.
The apex court had in September, 2012 directed the CBI to investigate into the illegal extraction and export of iron ore to other countries. Later, it had permitted the CBI to refer the matter to the state government. Accordingly, an SIT was appointed by the state which submitted its final report in October, 2015. The report also favoured Vedanta.
http://www.financialexpress.com/industry/iron-ore-supreme-court-asks-vedanta-to-move-bengaluru-court/1089754/

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