Damodaram Sanjivayya National Law University, Visakhapatnam

Intra Moot Court Competition 2016-17

Clarifications
Clarification 1:
Q: Para 4, Line 5 - The fact sheet mentions that the deviation from the year wise working plan
approved by IBM in the year 2015-2016 was caused due to serious law and order issues created
by the local villagers. What kind of law and order issues?
A: The local villagers didn't let ABC to mine in the area because, according to them, mining
operations of ABC resulted in creating ecological imbalance. Further, few of the them also
claimed title disputes over the deviated portion of land.
Clarification 2:
Q: Para 5. It has been mentioned that the Principal Secretary of the Mines Department sent a
show cause notice on 17.08.2016 under Rule 27(5) of the Mineral Concession Rules, 1960
which required ABC to remedy the breach and comply with the requirements within 60
days failing which the lease shall be determined. Under Rule 27(5) of the Mineral Concession
Rules, 1960, the term 'notice' and not show cause notice has been specified. Whether the term
'notice' and 'show cause 'notice' imply the same meaning and can be used interchangeably?
A: Yes! Show Cause Notice and Notice are one and the same. Both of them can be used
interchangeably.
Clarification 3:
Q: What was the period for which the Mining lease was granted by the Government of Andhra
Pradesh?
A: Mining lease was granted for a period of thirty years.
Clarification 4:
Q: Whether under the Scheme of Mining of ABC approved by IBM for the period from 201415 to 2018-19, ABC was also conferred possession of the entire area which is allocated year
wise for mining over the period of 5 years?
A: Yes! Possession of the entire land was given to ABC.
Note: Every year, work will be allotted over certain area of land by the IBM. However,
possession has been given in its entirety. Only work is allocated year wise.