LAWS(BOM)-2014-8-82

LITHOFERRO Vs. STATE OF GOA

Decided On August 13, 2014
LITHOFERRO Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard by consent.

(2.) The above writ petitions pertain to renewal of mining leases. Initially, the petitioners sought directions to the State Government to decide their applications for renewal of the mining leases filed in the year 2007. Some petitions, thereafter, came to be amended, thereby seeking directions to the State Government to execute the second renewal lease deeds. Since the issues raised in these writ petitions are common, and the writ petitions have been analogously heard, the same are being disposed of by this common judgment.

(3.) In view of the provisions of Section 5 of the Abolition Act, the concession holder deemed to have become a holder of mining lease under the MMDR Act in relation to the mines to which the concession relates and the period of such lease was extended upto six months from the date when the Abolition Act received the President's assent, i.e. 22nd November, 1987. In terms of proviso to Rule 24A(8) of the MC Rules, the Government of Goa extended this period by further one year, within which period, the petitioners preferred an application for first renewal, which came to be granted initially for a period of 10 years. The said period was subsequently increased to 20 years. This extended period of 20 years expired on 22nd November, 2007.