HARYANA MINERALS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, a Government Company, prays for quashing of the orders, Annexure P-12 dated 27.5.1994 and Annexure P-24 dated 23.8.1999, passed by the Director, Mines and Geology, Haryana and the Tribunal constituted by the Central Government, respectively, before adverting to the controversy. The relevant facts may first be noticed.

(2.) THE respondent No. 3 had submitted an application dated 19.11.1990 to the State Government for grant of lease for mining of Silica Sand and Quartzes in 178.25 hectares of the area falling in the revenue estate of village Mewla Maharajpur, District Faridabad. The petitioner, which was already having a 5 year lease for mining of road metal and masonry stone in this area, also submitted a similar application on 28.11.1990. The application of respondent No. 3 was rejected by the State Government vide letter dated 30.12.1991 on the ground that there was no good quality Silica Sand existing in the area for which mining lease had been sought. The State Government also pointed out that similar applications of other persons had also been rejected earlier on this very ground. However, no order was passed by the Government to carry out a prospecting of the area to determine its potential for mining of Silica Sand etc. The State Government was given 3 months time for this purpose. Both the parties consented to this interim measured. The State Government also agreed that the future leases in this area will be granted on the basis of the outcome of the prospecting which was to be undertaken. It also undertook to refrain from making any long term commitment involved in renewing the existing leases before the completion of the prospecting. Copy of this consent order dated 16.3.1994 has been produced as Annexure P-10 with the writ petition.

(3.) IT is, therefore, evident that there were three revision petitions of respondent No. 3 pending before the Central Government, against the following orders :