RAJ REFRACTORIES (P) LTD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this interlocutory application, the applicant -Electrosteel Castings Limited has prayed for its addition as a respondent in the writ petition. It has been stated that the State Government has decided to grant mining lease in favour of the applicant and has forwarded its application to the Central Government for approval.

(2.) ACCORDING to the petitioner, it is a private limited company duly registered with the Registrar of the Companies under the provisions of Companies Act. The petitioner filed an application on 6th September, 2003 before the respondent No. 2 under the Mineral Concession Rules, 1960 in proper form praying for grant of prospecting licence over an area of 690 hectares of Kodolibad/Saranda Reserve Forest, in the district of Singhbhum. While the said application was still under consideration, the petitioner was advised by the officials of the Mines and Geology Department to also apply for grant of mining lease. The petitioner, accordingly, applied for mining lease by its letter dated 16th February, 2004, though mining lease cannot be granted by the State Government unless there was a prospecting of the area by the persons to whom prospecting licence is granted. It has been submitted that the prospecting of the area had never been done in accordance with the prescribed provisions.

(3.) A counter -affidavit has been filed by the State -respondents contesting the writ petition. It has been stated, inter alia, that the writ petitioner M/s. Raj Refractories Pvt. Ltd. applied for prospecting licence over an area of 1190 hectares in Kodolibad Reserve Forest. Petitioner -company also applied for lease for mining of iron and manganese ore from an area of 500 hectares in Kodolibad Reserve Forest. Forty such applications were received for mining lease of iron and manganese ore for the said area. The petitioner's contention that there was no prospecting of the area for the said purpose is baseless. The said area was brought on geological map after due investigation and survey of the said minerals by the Geological Survey of India and Indian Bureau of Mines, which are competent authorities for the said purpose under the said. Act and Rules. The bulletins of the Geological Survey of India, Series -A under Economic Geology No. 9 - iron ore, iron and steel published by the order of the Government of India clearly mention such evidences. The iron ore deposits in Kodalibad Reserve Forest area were identified and established with Chemical Analysis Report. The deposit of iron ore has been clearly shown in the map with the latitude and longitude in the sad bulletin of the Geological Survey of India. The evidence of deposits was also established by the Indian Bureau of Mines, Ministry of Mines, Nagpur, reported in the official publication named as 'Monograph On Iron Ore.' There also the report has been given with specific latitude and longitude (Annxure -B).