SHEORATANLAL GULABCHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment would dispose of four Letters Patent Appeal Nos. 2 and 3 of 1966 and Nos. 2 and 3 of 1967. Appeal Nos. 2 and 3 of 1966 have been. filed by Messrs Sheorattanlal Gulabchand Agarwal against the judgment of S. K. Kapur, J., dated September 13, 1966, dismissing their two civil writ petitions. Appeals Nos. 2 and 3 of 1967 are by Messrs Lacchilal & Co., against the judgment of S. K. Kapur, J. pronounced on the same day, i.e., September 13, 1966, whereby two writ petitions filed by the appellants in these two appeals were dismissed. All the four writ petitions, out of which the appeals arise, related to the grant of mining lease for ochres in Kulkaria and Amua Hills, District Satna (Madhya Pradesh), and were directed against the orders of the Central Government dated November 30 1962.

(2.) In 1951-52 some applications for grant of mining lease for ochres in Kulkaria and Amua Hills were received by the then State of Vindhya Pradesh. Two of those applications were from Sheorattanlal Gulabchand Agrawal appellants. One of those applications was dated September 16, 1950, and was for mining lease in Amua Hills, while the other one was dated September 21, 1952, and was for mining lease in Kulkaria Hills. The State Government decided to grant mining lease to the party who was prepared to set up a paints factory. A notification was thereafter issued granting the mining lease to Harris g Mineral Company. On revision filed by a firm called Messrs Neogi & Sons, the Central Government ordered cancellation of the mining lease granted to Harris Mineral Company. In 1955, the State Government decided to work the mineral deposits in Kulkaria and Amua Hills departmentally for the eventual establishment of a paints factory in the State and proposed reservation of the whole area. The proposal was duly approved by the Central Government in 1956, but subsequently in 1957 the Central Government informed the State Government that there was no scope for setting up the proposed paints factory in the State. A proposal was then made by the State Government to the Central Government for dereservation of the area. This proposal was approved by the Central Government on February 26, 1958, with a direction that the area be thrown open for regrant in accordance with Rule 67 of the Mineral Concession Rules, 1949.

(3.) On February 27, 1959, a memorandum was addressed by the Under Secretary to the Government of Madhya Pradesh to the Collector of Satna as under :-