ISPAT INDUSTRIES LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, Ispat Ltd. , Industries is the manufacturer of steel having integrated steel plant at Talabi, Raigarh District, Maharastra. The petitioner has filed the present writ petition, which was allowed to be amended vide order dated 28th July, 2008, praying for following reliefs against Union of India, State of Maharastra, Maharashtra State mining Corporation Ltd. and M/s. Lloyds Metal and Engineering Ltd. , respondent Nos. 1 to 4, respectively:-

(2.) THE predecessor of the petitioner on 3rd March, 1993, had applied for grant of prospecting licence for iron ore for 400 hectares in taluk Etapalli, Tehsil Surajgarh, District Gadchiroli. On the other hand, the fourth respondent had applied for grant of mining lease for 449. 42 hectares overlapping the same area vide application dated 30th March, 1993. The State Government i. e. the Government of maharastra by their letter dated 10th November, 1994, sought approval of the Central Government for grant of mining lease for 449. 42 hectares to the fourth respondent under Section 11 (4) of the mines and Minerals Development Act, 1957 (hereinafter referred to as the MMDR Act, for short ). On 30th December, 1994, the Central government granted permission and approval under Section 5 (1) of MMDR Act. of the fourth respondent. This area was subsequently reduced to 348. 09 hectares vide letter dated 11th September, 2003 in view of the objections raised by the Ministry of Environment and Forests.

(3.) IT is admitted case of the parties that letter of intent dated 11th january, 1995 issued to the fourth respondent was not challenged by the petitioner by filing a revision petition under the MMDR Act or by filing a writ petition. The petitioner accepted the said decision/allotment.