MILAN MINERALS PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners in these writ petitions have sought for quashing of the proceedings of the State Government seeking approval of the Central Govt. , for grant of mining lease under Sec. 5 (1) of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as MMRD Act, 1957), on the application filed by 4th respondent pursuant to the notification bearing No. DMB/ml/dv/99-5575, dated 15-6-1999, as contrary to law and for other reliefs.

(2.) THE facts in these cases are as follows:-An area of 2560 acres in Hombalghatta, Gollarahalli and other villages were held under mining lease by Sri. P. K. Sarangapani Mudaliar. After the expiry of the lease, the State Government issued a notification dated 15-6-1999 published in the Official Gazette for regrant under Rule 59 of the Mineral Concession Rules, 1960 (hereinafter referred to as 'the Rules" ). The petitioner, 4th respondent and 27 other persons filed applications for grant of mining lease. It is submitted that the petitioners learnt from the office of respondents 2 and 3 that the State Government has sought for approval of the Central Government under Sec. 5 of MMRD Act, for grant of lease in favour of 4th respondent without considering the other applications as contemplated under the Act and the Rules and have filed these writ petitions seeking for quashing of the proceedings. The petitioner (in WP/19291/01) also has submitted a detailed representation to the Chief Secretary to the Government of Karnataka, requesting for suitable direction to the 2nd respondent for grant of mining lease in its favour by seeking approval from the Secretary (Mines), Central Govt. , under Sec. 5 of the Act, a copy of which is produced as Annexure D to the petition.

(3.) THE grievance of the petitioners is that in spite of the said representation, the Govt. has not taken any action and on the other hand has taken a decision to grant mining lease in favour of the 4th respondent and has taken steps to move the Central Govt. , for approval as provided under Sec. 5 of the MMRD Act.