BARIUM CHEMICALS LIMITED Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) An extent of 110 acres in Survey Nos. 57 and 58 of Pocharam Village, Yellanud Taluk, Khammam District was notified by the Government of Andhra Pradesh on 31-7-1972 as available for granting a mining lease for Barytes.

(2.) On the same day, i.e. 31-7-1972, the 4th respondent M/s. Expo Chemicals, Kothagudem applied for the lease. The petitioner M/s. Berium Chemicals Ltd., Ramavaram, Khammam District also applied for a mining lease over the same area on 2-8-1972 i.e., two days later.

(3.) The State Government by its order in G. O. Ms. No. 232, dated 6-4-1973 granted the lease to M/s. Expo Chemicals, the 4th respondent on the sole ground that their application was received earlier than that of the petitioner and as such they have a preferential right under S. 11(2), Mines and Minerals (Regulation and Development) Act, 1957, hereinafter called the Act.