GOLCHA MINERALS P LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is directed to challenge the order passed by the Central Government in Revision in exercise of its power under Sec. 30 of the Mines and Minerals (Regulation and Development) Act, 1957 (for short "MMRD" Act) as it was existing at the relevant time, allowing the revision petition filed by M/s. Moiniya Minerals and setting aside the grant made in favour of the preset petitioner of a mining lease for mining pyrophllite grant made by the State on 3-6-1982 and setting aside the order dated 9-1-1983 by which the sanction was made in favour of the petitioner for inclusion of mineral soap-stone in the existing mining lease for pyrophllite.

(2.) The chequered history through which this petition has reached this stage shows that the area in question originally was part of existing mining lease in favour of M/s. Udaipur Mineral Development Syndicate (Pvt,) Ltd. (UMDS) for soap-stone which was to expire on 30th April, 1981. It is not in dispute that the area for which the existing mining lease was in force in favour of the UMDS was in excess of 10 sq. Kilometer. The maximum permissible limit upto which a mining lease can be granted by the State at a time for any mineral or group of minerals specified in Schedule under Sec. 6 of the MMRD Act was reduced to 10 sq. km. during the currency of said Mining lease in favour of UMDS. It is also not in dispute that existing mining lease for area exceeding 10 sq. km. did not automatically stand reduced, nor the holder was required to surrender immediately the excess area as per amended provision.

(3.) The holder of existing minerals UMDS for soap-stone had applied for its renewal under the Mineral Concession Rules well in time, a year in advance.