Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mines and minerals - Mining lease |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Mines and minerals - Mining lease - Overlapping of the area covered by the two leases - Appellant granted mining lease in respect of a private land whereas respondent no. 3 granted mining lease in respect of government and forest land alone - Writ petition by the appellant seeking direction to the respondent to refrain from interfering with the mining activities of the appellant which the lease deed authorised him to carry out and writ petition by respondent No.3 challenging the very grant of the mining lease in favour of the appellant - High Court holding that area forming subject matter of the mining leases granted to the appellant on one hand and respondent on the other to be determined by the civil court in the suit pending before it on basis of the evidence led by the parties - On appeal, held: When large areas are granted for mining purposes, some confusion as to the boundaries of such areas especially if they are adjacent to each other is nothing abnormal - In such cases a fresh demarcation is to be conducted and boundaries is to be fixed so that the parties holding such areas stay within the limits of their respective areas instead of straying into the adjacent area - Order of restraining mining operation was meant to be a temporary and interim arrangement meant to remain in force only till such time the Director (Mines) examined the issue regarding the alleged overlapping of the area and passed a final order on the subject - Ownership of the areas claimed by both the lessees vests in different owners - So long as the areas leased to them are identifiable on spot by different survey numbers and boundaries, there is no question of any overlapping - Thus, proper identification and demarcation of the areas to be carried out and directions issued for the same. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2011 INSC 771 |
Petitioner | Ashok Kumar Lingala |
Respondent | State Of Karnataka & Ors. |
SCR | [2011] 14 S.C.R. 800 |
Judgement Date | 2011-10-18 |
Case Number | 8819 |
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