B RUDRAGOUDA Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioners have filed the respective petitions impugning a common order dated 07.05.2015 passed by the Central Government (hereafter 'the Mines Tribunal') rejecting the revision petitions filed by the petitioners under Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereafter 'the MMDR Act'). The petitioners had preferred the revision petitions before the Mines Tribunal impugning an order dated 08.09.2014 passed by respondent no.2 (Government of Karnataka) pursuant to a show-cause notice issued under Rule 26(2) of the Mineral Concession Rules, 1960 (hereafter 'the MC Rules'). The abovementioned orders dated 07.05.2015 and 08.09.2014 are, hereafter, referred to as the impugned orders.

(2.) In terms of the impugned order dated 08.09.2014, the Government of Karnataka has directed that the coordinates of the 140 hectares in the North East Block Range (NEB Range) Joga Village in Sanchur Taluk, Bellary District reserved in favour of respondent no.4 (hereafter 'SAIL'), be revised for issuance of a corrigendum under Section 17A(2) of the MMDR Act. It was further directed that the revised coordinates for the land reserved for SAIL as well as the applications of the petitioners, be determined on the basis of the boundaries of the existing lease in favour of M/s Chowgule and Company, as determined by Central Government Empowered Committee (CEC). It was expressly directed that the earlier survey and demarcation done in respect of the leases of the petitioners stand nullified.

(3.) The petitioners are, essentially, aggrieved by the aforesaid directions, as the import of the impugned orders is to re-determine the area of the respective mining leases, which the petitioners claim, have been granted in their favour. This is so as it is apparent that revision of the coordinates for 140 hectares reserved in favour of SAIL would overlap with the leases decided to be granted to the petitioners.