DIRECTOR OF INDUSTRIES & MINES, GOA Vs. A. H. JAFFAR
LAWS(SC)-2003-4-139
SUPREME COURT OF INDIA
Decided on April 14,2003

Director Of Industries And Mines, Goa Appellant
VERSUS
A. H. Jaffar Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) The respondents have been fighting for mining lease rights for extraction of the mineral (bauxite) over 720.25 hectares in Mopa, Chandel, Warkhand and Kesarvarne villages of Pernem taluka in North Goa for a period of 30 years. There was an unreasonable delay in disposal of the application. The litigation was fought at different stages before different forums and finally culminated in the order passed by the Secretary (Mines), dated 31.8.2000. The respondents filed a writ petition in the High Court impleading the State Government as the respondent and seeking enforcement of the orders of the authorities. In the writ petition, the following reliefs were sought for amongst others: "(A) Quash and set aside the refusal of the respondents to execute the lease deed in terms of the order of grant, as contained in the order dated 31.8.2000 and the letters dated 16.11.2000. (B) To issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to execute the lease deed in terms of the order of grant with all consequential reliefs."
(3.) By the judgment dated 21.10.2002, which is impugned herein, the High Court allowed the writ petition and directed rule to be made absolute in terms of prayer clauses (A) and (B) abovesaid. The appellants herein were directed to execute the lease deed within four weeks from the date of the judgment.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.