H M PAVRI Vs. UNION OF INDIA

JUDGEMENT

(1.) These three writ petitions filed by the same petitioner raise a question as to the extent to which a State Govrnment acting under the Mines and Minerals (Regulation and Development) Act, (Act 67 of 1957) hereinafter referred to as 'the Act, and the rules made thereunder 'the Rules', for short can exercise the power of reserving certain areas in the State for the exploitation of the minerals therein by itself, its agencies or the public sector and refuce to grant a licence/lease in respect thereof to a private party.

(2.) We shall first set out the facts relating to C. W. 1823/79. H. V. Pavre, the petitioner, obtained in 1969 a lease over an area of 25 acres in R. F. Jamdi, village Cirolls Sakoli Tehsil, District Bhandara, in the State of Maharashtra for the mining of Kyanite and Simillimanite. He has been working the mine and, during the period from 1-1-1970 to 30-6-1976, had paid Rs. 56,000 by way of royalty in respect thereof. He is also stated to have three mining leases for mica in Madhya Pradesh and also a lease of over 245 acres in Andhra' Pradesh in respect of Kyanite and Sillimanite.

(3.) On 22-10-1971, the petitioner applied to the State of Maharashtra for a' mining lease for Kyanite and associated minerals in respect of 98.97 acres (subsequently restricted to 92.97 acres) of land in Bhandara District of the State. The land was situated in the villages of Digori, Sakra and Malda in the above District. The application was under Section 10 of the Act read with Rule 22. Section 10(3) of the Act provides that on receipt of such an application.