NISHIKANT SUKERKAR Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THIS petition was originally filed in the High Court of Delhi and was numbered as Civil Writ Petition no.5648/98. A transfer petition came to be filed before the Apex Court. By Order dated January 20, 2003, the Apex Court directed this petition to be transferred to this Bench of the High Court, to be heard along with Writ Petition No.268 of 1996, which was pending here. That petition has also been heard.

(2.) A few facts as they emerge from the pleadings of the petitioners and the documents annexed, may now be set out, for the purpose of disposing of the issues which arise in the present petition. The late Narcinva P. Sukerkar, in the year 1955 was granted mining concession being title No.7 of 1955 for an area admeasuring 22.0807 hectares of village Pissurlem, Sattari Taluka, North Goa, by the then Portuguese Administration under the Portuguese Mining Laws of 1906. Goa came to be annexed by conquest and became a part of the Union of India on 19th December, 1961. By Section 5 of the Goa, Daman and Diu Administration Act, 1961, all laws in force prior to liberation were continued. The Mines and Minerals (Regulation and Development) Act 1957, (hereinafter referred to as "the MMRD Act") became enforceable with effect from lst October, 1963, except Section 16 which came into force with effect from 15th June, 1966. The MMRD Act repealed corresponding Portuguese laws. The Controller of Mining Leases purporting to exercise powers under Section 16 sought to and converted several mining concessions granted under the erstwhile Portuguese regime, into leases. Against those Orders, revision applications came to be filed, which were allowed. One such revision was in respect of the lease granted to Vassudev Mahadev Salgaokar. By order of 5th August, 1975, the Central Government held that the Rule speaks of the power to modify a lease executed prior to 25th October, 1949 and therefore, in respect of leases granted after 25th October, 1949, there could be no such power. Section 16 then came to be amended by an Act of Parliament and came into force with effect from 12th September, 1972. Fresh notices were issued in the year 1975 proposing modification based on the 1972 amendment to Section 16. Pursuant to notice issued to late Sukerkar, the Government of Goa terminated the mining concession granted to the late N. P. Sukerkar by Order dated 6th April, 1976. A revision came to be filed before the Central Government. Some of the grounds raised were, as to why mining operations could not be undertaken and as reflected from the order passed in revision, were as under:-

(3.) RESPONDENT no.3 had applied for grant of a mining lease for the area notified vide Notification dated 5th January, 1977, by his application dated 20th December, 1984. As it was not granted within twelve months, respondent no.3 against the deemed rejection preferred a revision application before the Central Government. On llth January, 1989, though revision was pending, respondent no.3 after the Act of 1987 came into force applied for a prospecting licence in respect of the entire area of Sukerkar's concession and also some more area on the western side. Respondent no.3 also filed a writ petition which was numbered as W.P.No.327 of 1999. On 3rd August, 1989, the State Government issued a letter agreeing to convert the application for mining lease into an application for prospecting licence in view of the letter of the Central Government dated 3rd March, 1988. In view of this letter dated 3rd August, 1989, this Court permitted Writ Petition no.327 of 1989 to be withdrawn by Order of 11th October, 1989. On 24th August, 1992, the State Government granted prospecting licence to respondent no.3 for the area in question. On 18.5.93 Sociedade de Fomento, purporting to act on behalf of Sukerkar, applied for renewal of mining lease. Sociedade de Fomento was informed by letter dated 20.7.93 that the area was not available for re-grant or renewal. The Central Government has thereafter granted approval for the grant of mining lease to the respondent no.3, subject to other requirements. On 8th April, 1997, the petitioners claiming to be the legal heirs of N. P. Sukerkar, applied to the Central Government under Section 4(3) of the Abolition Act for inclusion of mining concession bearing title no.7 of 1995 in the Schedule to the 1987 Act. That application was dismissed by Order of 9th September, 1998, against which the present petition has been preferred. Respondent no.3 as Intervener has filed his reply on 1st January, 1998. On 2nd September, 1998 reply was filed by the Government of Goa. The petition thereafter, as noted earlier, had been transferred to this Bench of the Bombay High Court and has been renumbered as Writ Petition No.101 of 2003.