ASSOCIATED CEMENT COMPANIES LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the order dated January 11, 1980, of learned District Judge, Jaipur City, Jaipur, whereby he dismissed the injunction application, filed under Order 39 Rules I and 2 read with Section 151, Code of Civil Procedure, 1908, in civil original suit No. 16 of 1979.

(2.) Shorn of unnecessary details, the brief facts, for the decision of this appeal are that the appellant is a public limited company, registered under the Indian Companies Act, 1913. The predecessor-in-interest of the Company obtained a mining lease on December 1, 1913, for a period of 30 years in the erstwhile State of Bundi with a provision for further renewal. It established a factory and commenced production of cement in the year 1917. The predecessor-in-title transferred its right, title and interest to the appellant in the year 1937. The lease was renewed for a period of 30 years on August 1, 1943. On March 17. 1969, the Controller of Mines and Leases modified the terms of the lease, whereby the lease-area was reduced from 101 sq. Miles to 20.5 Sq. Miles and thereafter the lease was renewed for a further period of 20 years from August 1, 1973 to July 31. 1993.

(3.) After the establishment of the factory the Company developed the factory area by providing other civic amenities, which would normally have been provided by local authorities or municipalities.