HINDUSTAN ZINC LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The matter comes up on application (IA No.3/21) preferred by the petitioner seeking leave to amend the writ petition and the second stay petition filed praying for the interim relief.

(2.) This writ petition is filed by the petitioner, a company involved in the business of exploration, excavation and processing of various minerals, with the following prayer:

(3.) The facts relevant are that the petitioner company had applied for a Prospecting License (PL) for Lead, Zinc and Associated minerals near village Sindesar Khurd, District *Rajsamand for an area measuring 565.75 hectares, titled as "PL 24/93", which is an area lying in between ML 7/95 and ML 2/89, both mines being operated by the petitioner, since 1.10.93. As a matter of fact, out of aforesaid area measuring 565.75 hectares, the area measuring 424.875 hectares was already being explored by Geological Survey of India (GSI). The petitioner agitated to de-reserve the area, however, the State Government vide order dated 22.7.97 rejected PL application of the petitioner observing that applied area is not available for grant. Aggrieved thereby, the petitioner preferred revision petition before the Revisional Authority. The revision application filed by the petitioner was disposed of by the Revisional Authority vide order dated 5.11.01, whereby the matter was remanded to ascertain the usages of the area by GSI. The State Government vide notice dated 21.11.03 pointed out to the petitioner that out of total area of 565.75 hectares for prospecting, the area of 424.875 was reserved for GSI and the remaining area of 140.80 hectares was available in two parts i.e. 131.95 hectares and 8.93 hectares and accordingly, the petitioner was directed to furnish the consent in this regard if it wanted prospecting license for 131.95 hectares. The petitioner vide communication dated 18.12.03 clarified that it would wait till the area reserved by GSI was vacated so that the prospecting license could be covered by entire area of 565.75 hectares. The Mining Engineer, Rajsamand vide communication dated 20.12.07 recommended that the application of the petitioner herein may be rejected because it has failed to fulfill point No.4 of the notice dated 21.11.03 i.e. consent to get PL for an area of 131.95 hectares. The application of the petitioner was again rejected by the State Government vide order dated 3.6.08. The revision petition preferred by the petitioner aggrieved thereby was decided by the Revisional Authority vide order dated 1.10.10 and the matter was remanded to the State Government for complying with the directions contained in earlier order of the Revisional Authority dated 5.11.01. The State Government again rejected the application of the petitioner vide order dated 23.12.14. The legality of the said order was questioned by the petitioner before the Revisional Authority under Section 30 of Mines and Mineral (Development and Regulation) Act, 1957 ('MMDR Act') and Rule 36 of Minerals (other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016 ('MCR, 2016'). It was inter alia contended on behalf of the petitioner before the Revisional Authority that while passing the order dated 23.12.14, provisions of Section 11 (3) and 11(4) of MMDR Act were not followed. The Revisional Authority vide order dated 18.1.18, while setting aside the order dated 23.12.14, remanded the matter to the State Government to process the case as per the provisions of MMDR Act.