LARSEN AND TOUBRO LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petition filed by Larsen and Toubro Limited (L and T Ltd.) assails the Order dated 10.7.2003 of the Revisional Authority/Central Government under Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957 and Rule 55 of the Mineral Concession Rules, 1960, directing the State of Orissa (Respondents 2 to 4) to consider the application for the notified area filed by L and T Ltd., along with all the other prospective lessees. Admittedly, the Applicant, Neepaz Metaliks Limited (Neepaz for short) is not one of those applicants.

(2.) Neepaz has preferred the two applications seeking impleadment in the pending Writ Petition; and, clarification/modification of the Orders dated 25.8.2003 and 8.7.2004 by which the impugned revisional decision has been stayed.

(3.) Briefly stated, the salient facts are that approximately 1000 hectares were allocated to L and T Ltd. in Orissa, whose submission is that due to breaches of covenants and commitments on the part of State of Orissa, L and T Ltd. could not perform their obligations under the Memorandum of Understanding executed between them. Without entering on the question of which party is to be legally blamed for these events, the fact remains that the area in question is lying fallow and unutilized, and cannot be mined.