GANGADHAR N AGRAWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by Gangadhar N. Agarwal, mine owner and exporter of mineral ore and importer, Margaon, Goa. The respondents are : (1) the Union of India through the Secretary to the Government of India, Ministry of Steel, Mines and Metals; (2) the Directorate of Industries and Mines, Government of Goa, Daman and Diu; and (3) Vinod Kumar Shantilal Cosalia, mine owner and exporter, Margaon, Goa.

(2.) According to the petitioner, he has been carrying on the business of mining for several years at Margaon, Goa, under the laws applicable thereto both before and after Goa, Daman and Diu were liberated from foreign rule. Prior to the liberation of Goa, Daman and Diu on the 19th of December, 1961, the said territories were governed by the Portguese Constitution. Under that Consitution, as pointed out in Xec Ayub v. Government of Goa, Daman & Diu, A. 1. R. 1967 Goa, Daman and Diu 106, 109, the Government formed by the Prime Minister was empowered to promulgate decrees and laws for Portugal and overseas territories. One of the Laws so promulgated was the Portuguese Colonial Mining Laws (hereinafter referred to as the "Portuguese Mining Laws") approved by the Decree, dated 20th September, 1906. The said Portuguese Mining Laws were in force before the aforesaid liberation. A printed book containing a translation of the said Laws into English has been furnished to us by Shri A. S. Bobde, learned counsel for the petitioner. Section I of the said Portuguese Mining Laws contains preliminary definitions. Clause (a) of the said section defines a "Prospector" as-

(3.) Clause (b) defines a "discoverer" as-