2003 (12) TMI 651

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....hand Copper Project in Madhya Pradesh is engaged in extraction of copper ores from the captive mines of Madhya Pradesh. The mining process and other processes involve blasting of mines and then big pieces of copper ore are carried into dumpers to a unit called "primary crusher". The primary crusher is not located in the captive mines but is located at a distance of 2.53 kilometres away from the mines. It may not be necessary for us to narrate the facts in detail in the view we propose to take. The main controversy that was required to be examined by the High Court was as to how the word "mines" is to be understood for the purpose of the Act as contained in clause (b) of the Explanation under Item 4 of the table contained in Section 3 of the....

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....aking the view that the question of discrimination alleged could not be examined for want of necessary pleadings. According to him, once the appellant alleged discrimination and gave certain details, it discharged its initial burden. It was for the respondents to show that, on the facts of the case, no such discrimination was meted out to the appellant. He further submitted that because of the wrong approach, the conclusions arrived at by the High Court in the impugned Judgement cannot be sustained. The High Court should have considered the effect of the word "adjacent" in construing the area, rather than solely depending on the connectivity with regard to the activity. ( 3. ) PER contra, the learned counsel representing the respondents ....