Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1957: Mines and Minerals (Development and Regulation) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Mines & Minerals (regulation and Development) Act, 1957 (67 of 1957) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Mines and Minerals (Development and Regulation) Act, 1957:ss. 11(1) and 17A(2) – Reservation of mining area u/s. 17A(2)– Permissibility – Grant of Reconnaissance Permit (RP) in favourof two private Companies (appellants) – Reconnaissance conductedby them – On the basis of reconnaissance report, further appliedfor grant of Prospecting Licence (PL) u/s. 11(1) – Thereafter,respondent (a Government Company) sought reservation u/s. 17A(2)in respect of the areas for which the appellant-Companies weregranted RP – State Government sought approval for reservation –Central Government rejected the proposal of State Government anddirected the State to consider the PL applications of the appellants– Writ petition filed by respondent-Company allowed by High Court– On appeal, held: s. 11(1) and s. 17A(2) operate in different fieldsand have no connection with each other – State Government haspower to reserve an area u/s. 17A(2) with the approval of CentralGovernment – An RP holder is entitled to preference for grant ofPL u/s. 11(1)– But, there is no bar in reserving the land u/s. 17A(2),if the land is covered under RP – Central Government whileconsidering the request for reservation u/s. 17A(2), can take intoconsideration various factors which are relevant for deciding theissue of reservation – Grant of RP though cannot be the sole groundto reject the proposal for reservation, but the same can be one ofthe factors along with other factors for deciding the issue ofreservation – Unless reservation takes place, a private companystand on the same footing as a Government Company – In the presentcase, the factors taken into consideration while deciding the issueof reservation were relevant and germane to the issues – Appellantswere entitled to preference u/s. 11(1) – Central Government wasjustified in rejecting the proposal of the State Government forreservation u/s. 17A(2). |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2018 INSC 460 |
Petitioner | M/s Geomysore Services ( I ) Pvt. Ltd. & Anr. |
Respondent | M/s Hutti Goldmines Co. Ltd. & Ors. |
SCR | [2018] 6 S.C.R. 533 |
Judgement Date | 2018-05-08 |
Case Number | 2537 |
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