W.P. (C) 487/2021
Petition to completely ban export of iron ore (in the form of pellets or otherwise)

Common Cause filed a writ petition to completely ban export of iron ore (whether in the form of pellets or otherwise) or in the alternative to levy an export duty of 30% on export of iron ore in all forms including pellets (except pellets manufactured and exported by KIOCL). The petition also prays to initiate proceedings under Section 11 of the Foreign Trade (Development & Regulation) Act, 1992 and Section 135(1) of the Customs Act, 1962, and for levy of appropriate penalty as per law against the mining companies which have been exporting iron ore pellets in contravention of the provisions of India’s export policy, thereby, evading the export duty chargeable on the export of iron ore pellets. The petition also directs a thorough and independent investigation into the role of public officials in allowing the same.

On September 24, 2021, the bench consisting of the Chief Justice with Justices Surya Kant & Hima Kohli heard the counsel for Common Cause, Prashant  Bhushan and the Caveator­-in-­person Manohar Lal Sharma.

The Court convened the hearing through Video Conferencing and issued notice, returnable after four weeks. Meanwhile, the bench has directed the respondents to file the counter affidavit.

On October 27, 2021, the bench consisting of the Chief Justice with Justices Surya Kant & Hima Kohli, Manohar Lal Sharma, the petitioner-in-person, mentioned Writ Petition (Cr) No.334/2020. The bench directed the Registry to list the matter on 11.11.2021.

On November 11, 2021, the Chief Justice, Justice AS Bopanna & Justice Hima Kohli, heard the petitioners. The bench noted that the Solicitor General of India requested two weeks’ time to file counter-affidavit vide order dated 26.08.2021. In compliance with the order dated 24.09.2021, the counter-affidavit filed by the Union of India is taken on record. The Union of India is directed to provide a copy of the counter affidavit to the petitioners. WP(Cr) No.334/2020. The bench has asked the matter to be posted on 26.11.2021 along with W.P.(Crl.)No.334/2020 and rejoinder affidavit, if any, be filed, in the meantime.

 

 


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W.P. (C) 487/2021_Writ
Order_24 Sept 2021
Order_27 Oct 2021
Order_11 Nov 2021