ASHAPURA MINECHEM LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this writ petition under Article 226 of the Constitution is, inter alia, to a Notification dated 12th October 2006 issued by the State of Maharashtra through the Department of Industries, Energy & Labour, Mumbai under Section 11(2) of the Mines and Minerals (Development and Regulation) Act, 1957 ("MMDR Act") inviting applications for grant of mining lease ("ML") covering land admeasuring 91.58 hectares situated at Khasra Nos. 4 to 7 and 31 to 34 Mauze Gudeghar, Taluka Mandangad, District Ratnagiri, Maharashtra. Challenge is also laid to an order dated 9th July 2008 passed by the State of Maharashtra through the Minister, Industries and Mining, recommending the grant of ML for bauxite ore over the said area to Infrastructure Logistics Private Ltd., Goa ("ILPL") (Respondent No.3 herein) and to the order dated 7th July 2009 passed by the Central Government acting as the Mines Tribunal under Section 30 of the MMDR Act dismissing the Petitioner's Revision Application challenging the order dated 9th July 2008. Facts

(2.) The Petitioner Ashapura Minechem Ltd. ("APML") is a company having its registered office in Mumbai and is engaged in the business of mining, processing and export of industrial minerals for over three decades. It claims to be a well known mine owner, processor and exporter of bentonite and bauxite.

(3.) On 20th October 2003, APML applied for the grant of a ML over the aforementioned area. It was processed by the District Mining Officer, District Ratnagiri and forwarded to the Secretary, Industries, Energy & Labour Section, Government of Maharashtra on 4th February 2004 recommending the grant of ML. It is stated that under a Government Resolution dated 21st July 1999, the Government of Maharashtra had stipulated a maximum time period of 20 weeks for disposing of an application made for the grant of an ML. The said time-limit was not adhered to. APML also relies upon Rule 63A of the Mineral Concession Rules, 1960 ("MCR"), inserted by an amendment effective from 11th January 2002, which requires the State Government to dispose of the application for ML within 12 months from the date of receipt of the said application. APML points out that even this time-limit was not adhered to.