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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