JUDGEMENT
DEEPAK GUPTA J. -
(1.) What is the role and power of the Central Government while dealing with the request of a State Government for
reservation of lands for government companies or
corporations owned and controlled by the State Government
under section 17A (2) of the Mines and Minerals (Development
and Regulations) Act , 1957 (hereinafter referred to as "the
Act"), is the main issue involved in this case.
THE FACTUAL BACKGROUND
(2.) This case has a long and chequered history. There are gold mines in the State of Karnataka and parties are litigating
in respect of their rights to exploit those mines. We have two
appellants before us, M/s. Geomysore Services (India) Pvt.
Ltd., Appellant No.1 (hereinafter referred to as "Geomysore")
and Deccan Gold Exploration Services Pvt. Ltd., Appellant No.
2 (hereinafter referred to as "Deccan").
(3.) On 01.04.2000 Geomysore applied for grant of Reconnaissance Permit (for short 'RP') for 315 sq. kms. of
land in Hutti South Belt Gold Mines area. After approval by
the Central Government, the State Government granted RP on
03.11.2000 for a period of 3 years. Similarly, Deccan was granted RP in Northern part of Hutti Gold Mines for an area
measuring 501.48 sq. kms. for a period of 3 years on
09.01.2003 after completing all formalities. The respondent no. 1 i.e. M/s Hutti Gold Mines Co. Ltd. (hereinafter referred
to as "HGML") did not file any application for grant of RP for
either of the two areas.;
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