KESORAM CEMENT KARIMNAGAR Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This Civil Writ Petition has been fied by M/s. Kesoram Cement, Proprietor, Kesorarn Industries & Cotton .Mills Ltd., Basant Nagar Post, Karirnnagar District, Andhra Pradesh, represented by its Vice-President Shri K. C. Jain. The respondents are (1) The Government of India, represented by the Secretary, Ministry of Steel and Mines (Department of Mines); (2) Government of Rajasthan, represented by Secretary, Industries and Mines Department, Jaipur ; (3) Director of Mines & Geology, Government of Rajasthan, Udaipur (4) M/s. Oriental Talc Products (Pvt.) Ltd., Jaipur ; and (5) The Mining Engineer, Department of Mines, Government of Rajasthan, Jaipur. The petitioner has prayed that the orders of the first and second respondents, dated September 11, 1972, and January 10, 1973, respectively, be quashed.

(2.) The facts which have given rise to this Writ Petition are as follows. By a notification (Annexure K), dated March 9,1967, the Government of Rajasthan, second respondent, (hereinafter referred to as the State Government) notified that an area of 8 square miles as per description given in the notification covering portions of the villages Ballupura, Ramas, Rampura, etc. in Sikar District in the State of Rajasthan will be auctioned for the grant of a mining lease for the mineral lime-stone at 11 A.M. on April 10, 1967, under Rule 20 of the Rajasthan Minor Mineral Concession Rules, 1959, at a place mentioned in the notification. It was stated in the notification that an area of 244.40 acres in two plots retained for Departmental prospecting for lime-stone in Patan area (in Sikar District) by a notification No. DMG/ Gen-I/F/14/61-62, dated August 29, 1962, was thereby declared free under Mineral Concession Rules, 1960, and Rajasthan Minor Mineral Concession Rules, 1959, and was included in the area of 8 square miles proposed for sale by at.ction. The notification set out the terms and conditions of the sale. One of the conditions was as under :-

(3.) It may be stated here that lime-stone is the prime raw material for the manufacture of cement, and that lime-stone used for non industrial purposes is regarded as a minor mineral, but when used for industrial purposes it is regarded as a major mineral.