MSPL LTD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT petition is by a limited company, which has filed an application on 16-4-2003 (copy at Annexure-C to the writ petition) seeking for lease of an extent of 298. 5 ha. of land for mining operation for a period of 30 years to exploit iron ore from the said government land and in response to a Government notification dated 15-3-2003 (copy at Annexure-B to the writ petition) informing the general public that the area mentioned in the annexure to the notification are available for regrant under Rule 59 of the Mineral Concession rules, 1960 (for short, the Rules); that such an application will be considered in accordance with the provisions of the Mines and minerals Development and Regulation) Act, 1957 (for short, the Act) and the Rules and subject to the compliance of all requirements of this Act and the Rules and other statutory powers and advising the interested persons to inspect the area and satisfy themselves about the availability of mineral deposits and to apply in the prescribed form addressed to the director of mines and geology, Bangalore.

(2.) IT is such a person who has presented this writ petition apprehending that the effort of the petitioner to secure the lease for the applied extent of Government land, may prove futile, in the light of certain developments, particularly, the first respondent State of karnataka having recommended to the Central government, the case of fourth respondent m/s. Jindal Vijayanagar Steels Ltd. , for issue of no objection/consent for grant of mining lease in respect of 200. 73 ha. for mining iron ore and also an extent of 179. 70 ha. having been recommended in favour of the fifth respondent M/s. Kalyani Steels, for approval of the Central Government in terms of the communication dated 6-12-2004 (copy of Annexure-K to the writ petition) as per Section 5 (1) of the Act and as no more land is available for grant of lease in favour of petitioner in the said block and survey numbers for which the petitioner had applied for, the petitioner has approached this Court praying for grant of the following relief:

(3.) PETITIONER has sought the above prayers pleading that the extent of land available in the particular block against which the petitioner had applied for, figuring at S1. No. 1 in the list of lands notified for grant of mining leases relating to available land in Bellary district, attached to the notification dated 15-3-2006 at Annexure-B was to an extent of 530 h. and the remaining extent either being not notified or having already been granted to some other persons and the proposal for seeking the consent of the Central Government in favour of respondents 4 and 5, which proceedings if taken to its logical conclusion, such persons getting mining leases at the cost of the petitioner and grant of mining lease in their favour as also recommendation for consent of the Central Government in their favour being illegal, such recommendation is to be quashed by issue of a writ of certiorari and further direction issued to the respondents to take steps to grant the mining lease in favour of the petitioner for the extent it has applied for.