STATE OF RAJASTHAN Vs. SHREE CEMENT LIMITED

JUDGEMENT

(1.) By the Court (Per Hon'ble Mr. Vijay Bishnoi, J) This intra court special appeal writ has been preferred on behalf of the appellant-State being aggrieved with the order dtd. 18/9/2017 passed by the learned Single Judge of this Court in S.B. Civil Writ Petition No.2414/2016 (Shree Cement Ltd. v. UOI and Ors.), whereby the learned Single Judge while placing reliance on the judgment dtd. 23/8/2017 rendered by the learned Single Judge of this Court at Bench Jaipur in M/s. Wonder Cement Limited v. State of Rajasthan and Ors. (S.B. Civil Writ Petition No.126/2017) allowed the writ petition filed by the respondent No.1-Company and quashed the orders dtd. 17/10/2015 and 27/10/2015 of cancelling the Letter of Intent (hereinafter to be referred as 'the LOI') issued in favour of the respondent No.1-Company.

(2.) Learned Single Judge vide impugned order dtd. 18/9/2017 has directed that the appellant-State shall proceed to consider the case of the respondent No.1-Company for grant of mining lease in accordance with law within three months from the date of receipt of the order while observing that it shall not raise any objection with respect to the limitation in reference to the Sec. 10A(2)(C) of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter to be referred as 'the Act of 1957').

(3.) Brief facts of the case are that pursuant to the applications invited by the appellant-State vide Rajasthan Gazette Notification dtd. 14/10/2010 notifying the areas for grant of mining lease for mining the mineral Limestone in various Blocks of District Jaisalmer, the respondent No.1-Company applied for grant of mining lease for mining the mineral Limestone (Cement Grade) in Block - Parewar (SN-V) District Jaisalmer. The appellant-State on 31/12/2014, after deciding the priority on merits in terms of Sec. 11(4) read with Sec. 11(3) of the Act of 1957, issued LOI in favour of the respondent No.1-Company for mining the mineral Limestone (Cement Grade) over an area of 9.12 sq. kms. of Block - Parewar (SN-V) Tehsil and District Jaisalmer subject to fulfillment of 5 conditions of the LOI.