J.K. CEMENT LIMITED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, a company registered under the provisions of the Companies Act, 1956 is engaged in manufacture and sale of white cement. At the time of establishment of its unit at Gotan, District Nagaur, the petitioner had purchased 4 sq. km land from the existing lessee - Gotan Limestone Khanij Udhyog (GLKU) for which, the lessee had taken prior consent from the State as required under rule 15 of the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter referred to as 'the Rules of 1986').

(2.) The same lessee (GLKU) entered into another agreement dtd. 1/11/1995 with the petitioner to transfer 2.041738 sq. km. or 204.1738 hectare of land out of total leasehold area of 10 sq. km.

(3.) The said lessee (GLKU) in turn moved an application dtd. 31/1/1997 and prayed that 204.1738 hectare land be allowed to be transferred to the petitioner for its captive use. In the application aforesaid, it was stated that the firm had received a sum of Rs.10.00 Lakhs towards investment already made for the development of the mine.