PALLAVA GRANITE INDUSTRIES INDIA PVT LTD Vs. UNION OF INDIA
LAWS(SC)-2006-11-29
SUPREME COURT OF INDIA
Decided on November 07,2006

PALLAVA GRANITE INDUSTRIES (INDIA) PVT. LTD. Appellant
VERSUS
UNION OF INDIA Respondents







JUDGEMENT

Kapadia, J. - (1.)Leave granted in Special Leave Petitions.
(2.)In this batch of civil appeals by grant of special leave to appeal two questions arise for determination, namely, whether the G.O.No.1290 dated 27.8.91 constitutes a decision to grant or whether it constitutes a grant of mining lease per se and secondly whether the decision to revoke the said G.O. was actuated by mala fides in order to deprive the appellants of their mining rights.
(3.)For the sake of clarity we reproduce herein the facts in the case concerning M/s. Rita Industrial Corporation Ltd. ........... Appellant in C.A. Nos. ..............of 2006 @ S.L.P. (C) Nos.20225-28 of 2005, they are as follows : An area admeasuring Acs. 86.50 in Survey No.55/5 of Village Rajupalem-Lakshmipuram, Cheemakurthy Mandal, Prakasam District, Andhra Pradesh, being agricultural lands vested as surplus lands under Section 11 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short, "the 1973 Act") in the State Government. These lands were surrendered by the land holders under the said 1973 Act to the State Government. Later on, it was realised that these lands had galaxy granites and, therefore, proposals were made by the Collector, District Prakasam, the Commissioner of Land Reforms and the Director of Mines and Geology to lease out the said area for mining purposes. By G.O.No.1290 dated 27.8.91, the State Government accepted the above proposals and decided to appropriate by leasing out the lands for mining under Section 14 (6) of the 1973 Act; that out of the total area of the surrendered lands admeasuring Acs. 86.50, an area admeasuring Acs. 60 be leased out to the four appellants, namely, M/s. Rita Industrial Corporation Ltd., M/s. Upendra Granites, M/s. Acropolis Granites Ltd. and M/s. Pallava Granite Industries Ltd. and that each of the appellant was to be given Ac.15 for mining purposes. Under the said G.O.No.1290, the State Government stated that Acs. 15 each be leased out to the above four firms on the terms and conditions in G.O.No.876 dated 3.6.89 subject to the modification that the lease shall be for 10 years and the lessees shall pay Rs.600/- per acre, per annum for the first five years and Rs.900/- per acre, per annum for the remaining five years. By the said G.O. the Collector, District Prakasam, was requested to take further action by making proper allotment of land keeping in view the principle of contiguity.


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