B. KUMARAGOWDA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the Petitioner M/s. B. Kumaragowda & Sons, a partnership firm having its registered office at Sandur, District Bellary in Karnataka challenges the final order No. 107/2009 dated 15th September 2009 passed by the Central Government acting as the Mines Tribunal in Revision Application No. 13/ (10) 2007-RC-I.

(2.) The Petitioner submitted an application to the State of Karnataka, Respondent No. 2 herein, on 19th February 2004 for grant of a mining lease ("ML") application in respect of iron and manganese ore over an extent of 315.66 hectares of land in Bhavihalli Village, NEB Range, Sandur Taluk, Bellary District. Subsequently, the Petitioner reduced its claim to an extent of 169.52 hectares. Admittedly, the area for which the Petitioner had applied was previously held under an ML by M/s Chowgule & Company. The said ML had been surrendered by M/s Chowgule & Company. However, there was no Notification issued under Rule 59(1) of the Mineral Concession Rules, 1960 ("MCR") enabling others to apply for an ML for the said land. On this ground, Respondent No. 2 issued a notice dated 26th April 2007 to the Petitioner asking it to show cause why its application dated 19th February 2004 should not be rejected. In its reply to the said show cause notice, on 26th May 2007, the Petitioner requested the Respondent No.2 to obtain relaxation of Rule 59(1) MCR from the Central Government (Respondent No. 1 herein) in exercise of the latter's powers under Rule 59(2) MCR. The Petitioner made a further representation on 19th July 2007.

(3.) It is stated that on 21st January 2007, Respondent No. 4 M/s. Vishveshwaraiah Iron & Steel Plan ("VISL") filed an application for grant of ML in respect of iron and manganese ore over an extent of land measuring 140 hectares in NEB Range, Sandur Taluk, Bellary District. According to the Petitioner, the area applied for by it and VISL overlapped completely.