LAWS(KAR)-2022-5-25

INDOCIL SILICONS PVT. LTD Vs. UNION OF INDIA

Decided On May 27, 2022
Indocil Silicons Pvt. Ltd Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The Mines and Minerals Development and Regulation Act, 1957 (for short 'the MMDR Act') has seen several amendments including the amendments vide Central Act 10 of 2015 w.e.f. 12/1/2015. One such amendment was insertion of Sec. 10A, whereby 3 categories of persons described in Sec. 10A(2)(a),(b) and (c) comprising of reconnaissance permit holders who became entitled to prospecting licence followed by a mining lease and prospecting licence holders who became entitled to a mining lease, as the case may be.

(2.) Subsequently, by Amendment Act 16 of 2021 which came into force on 28/3/2021, Sec. 10A(2)(b) referred to supra was further amended by incorporating 2 provisos to the said provision. It is the interpretation of the said provisos to Sec. 10A(2)(b) of the MMDR Act (as amended by Act No.16 of 2021 w.e.f. 28/3/2021) and applicability of the same to the petitioners herein which falls for consideration in the present writ petitions. Prayers in all the writ petitions W.P.No.1920/2021 was filed on 28/1/2021 by Indocil Silicons Private Limited, seeking the following reliefs:

(3.) Petitioner was granted a Prospecting License dtd. 14/8/2007 for iron ore and associated minerals over an area of 1500 hectares in Sandur Taluk, Bellary District by the Government of Karnataka, for a period of 3 years. The prospecting is to be undertaken in accordance with the requirements of Mineral Conservation and Development Rules, 1988 and prospecting report is required to be submitted. In the event that on such prospecting, mineable quantity of mineral is found in the scientific prospecting and the prospecting report is found to be in accordance with law, the licensee has a right in law to apply for the mining lease in terms of Sec. 11 of the MMDR Act.