VEEKEE DEVELOPERS PVT LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition has been preferred praying for following reliefs:

(2.) ACCORDING to the petitioners, an application for being granted Mining Lease came to be filed in Form-I as required by provisions of Section 10 of The Mines and Minerals (Development and Regulation) Act, 1957 (the Act) which was received by the respondent State Government on 05. 10. 1996. According to the petitioners, on 07. 12. 1998 the Additional Secretary, Industries and Mines Department, communicated to respondent No. 3 that the application moved by respondent No. 3 can be recommended to the Central Government for grant of Mining Lease on the conditions stipulated therein. It appears that both the applications moved by the petitioners and respondent No. 3 pertain to same parcel of land. According to the petitioners, the knowledge regarding communication dated 07. 12. 1998 was derived by the petitioners only on 01. 10. 1999 and hence, the petition which was moved on 29. 10. 1999.

(3.) HEARD the learned advocate for the petitioners. His principal grievance was to the effect that the application moved by the petitioners was prior in point of time and hence, the petitioners were entitled to being considered for grant of Mining Lease whereas the respondent authorities have wrongly recommended, or taken a decision to recommend respondent No. 3. However, he hastened to add that, in any event, the application moved by the petitioners has not been decided till date by the respondent authorities and in case any such decision has been decision, the same has never been communicated to the petitioners. It was further urged that before recommending respondent No. 3, respondent State authorities were duty bound to inform the Central Government that the petitioners have also applied for Mining Lease for the very same parcel of land and as the State Government had failed to intimate the said fact to the Central Government the case of respondent No. 3 was wrongly considered.