PACIFIC EXPORTS Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The challenge in the present petition is to an order passed by the Central Government in a petition under Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'the Act') dismissing the revision filed by the petitioner herein.

(2.) The brief facts leading to the present petition are that M/s Jakhodia Minerals filed an application for grant of prospecting licence on 01.10.2010. The petitioner applied for reconnaissance permit on 22.04.2010 which was granted on 28.01.2011 on an area of 1080 Sq. Kms. for Titanium, Vanadium, Nickel, Lead, Zinc, Copper, Cadmium, Arsenic, Antimony, Bismuth, Cobalt, Molybdenum, Gold, Silver, Pyrite, Platinum, Palladium and other associated minerals. An agreement in Form F-1 was executed on 17.02.2011.

(3.) The petitioner also submitted an application for prospecting licence on 09.02.2011 for minerals Titanium, Vanadium, Nickel, Lead, Zink, Copper, Cadmium, Arsenic, Antimony, Bismuth, Cobalt, Molybdenum, Gold, Silver, Pyrite, Palladium & other associated minerals in respect of an area 30.510 hectares in Khasra No.396. The writ petitioner claims that it has a preferential right to obtain prospecting licence as it has been granted reconnaissance permit in terms of Section 10A(2)(b) of the Act as inserted by Central Act No.10 of 2015 ( for short "the Amending Act") with effect from 12.01.2015. Therefore, petitioner has a right to get prospecting licence on an area for which it was granted reconnaissance permit earlier.