NU VISTA LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) With the consent of the parties, the writ petition was heard finally and the order was reserved. The written submissions have been filed on behalf the petitioner-company herein.

(2.) Brief facts of the case are that an area was notified by the State Government on 12/2/2013 for establishment of a Cement Plant and applications were invited from 52 applicants for grant of mining leases of Cement Grade Limestone for over 989.50 hectares of land including petitioner-company-NU Vista Limited (formerly known as M/s. Emami Cement Limited). The petitioner-company has stated that the requisite fee and the site plan were submitted and a letter was circulated for giving opportunity of personal hearing to decide priority of the applicants in terms of Sec. 11(3) and (4) of the Mines and Mineral (Development and Regulation) Act, 1957 (hereinafter referred to as "the MMDR Act, 1957"). The petitioner-com- pany was only applicant who had given consent for grant of mining lease in the notified block of 989.50 hectares near village Lasdavan Javda, Tehsil Nimbhaheda, District Chittorgarh and accordingly priority was given to the petitioner-company and communicated vide letter dtd. 31/12/2014.

(3.) The petitioner-company has submitted that a Letter of Intent ("Lol") was accordingly issued on 31/12/2014 in favour of the petitioner- company. It is stated that as per Lol, a bank guarantee of Rs.18.00 crore was submitted to the Assistant Mining Engineer on 20/1/2015. The Assistant Mining Engineer has thereafter conducted demarcation of area between 12th and 15/3/2015 and out of total notified area of 989.50 hectares, 50.038 hectares fell under four separate quarry leases. The mining plan was submitted on 12/8/2015 accordingly for an area of 939.462 hectares in August, 2015. It is stated that mines inspection was also conducted for the said area.