- (1.) Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court at Goa in Writ Petition no.41/93 filed by the respondents. The writ petition no.41/93 was filed seeking quashing of the orders dated 3rd January, 1991 passed by the Directorate of Mines and Labour and dated 22nd March, 1999 passed by the Secretary, Mines, Government of Goa. Further prayer was for direction for grant of respondent's application for mining lease over an area of 34.68 hectares situated at two different villages in Ponda Taluka after executing the necessary lease deeds in favour of the respondents.
(2.) After referring to the chequered history of the litigation the High Court ultimately directed as follows: "18. Considering the fact that the matter is pending over 16 years, as the Respondents were without addressing themselves to the main issue involved in the matter, virtually compelling the Petitioner to approach the Court every now and then to make the Respondents realize about the main issue involved in the matter, and considering all the observations made hereinabove, we are compelled to direct the Respondents to dispose of the application of the Petitioner on merits within the period of six weeks from today. The Respondents should be careful in disposing the matter bearing in mind the observations made therein and should pass a reasoned Order addressing themselves to the main issue involved in the matter after considering all the materials placed on record. In the facts and circumstances of the case, we are constrained to impose exemplary costs of Rs.10,000/- to be paid by the Respondents to the Petitioner. The costs to be paid within six weeks from today. The Respondents shall furnish to the Additional Registrar of this Court a copy of the Order to be passed in accordance with the directions issued herein within two weeks from the date of passing such Order. Rule made absolute in above terms."
(3.) Though various points were urged in support of the appeal, Mr. H.L. Aggarwal, learned senior counsel, submitted that a dispute of similar nature involving the parties was before this Court and issues involved were identical in State of Goa and Ors. v. M/s. A.H. Jaffar and Sons (AIR 1995 SC 333). It was, inter alia, held as under: "3. The appeal has been argued at length. Sri Siraj Sait has attempted to support the judgment with industry and precision. But it does not appear necessary to decide whether the finding recorded by the High Court that the order of Commissioner being administrative in nature it could be reviewed by the State Government nor it is necessary to decide whether the Minister could exercise any power where the grant of lease is regulated by the Statute as in our opinion the remedy of revision having been provided by Sec.30 of the Act, the proper course for the respondent was to approach the Central Government and not the High Court. Learned counsel for the respondent expressed apprehension that the period for limitation provided in Rule 54 of the Minerals Concessions Rules, 1960 having expired, the revision might not be entertained. The proviso to the rule, however, empowers the revising authority to condone delay if it is satisfied that the revision could not be presented for sufficient cause within time. Since the respondent was pursuing its remedy in High Court bona fide, it would be sufficient cause to condone the delay and we trust the revision if preferred within four weeks from today shall not be dismissed as being barred by time.";