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1999 Supreme(SC) 360

A.P.MISRA, S.B.MAJMUDAR
Ferro Alloys Corporation LTD. – Appellant
Versus
Union Of India – Respondent


Judgment

S.B. Majmudar, J.—Leave granted.

2. We have heard learned counsel for the parties finally in this appeal and accordingly, this appeal is being disposed of by this judgment. The short question requiring a long answer in this appeal is whether the writ petition filed by the appellant Corporation before the Orissa High Court was maintainable. The High Court in the impugned judgment has taken the view that it was not maintainable being barred by the principle of res judicata. In order to appreciate the grievance of the appellant against the impugned judgment, it is necessary to note a few relevant introductory facts.

Introductory Facts :

3. The appellant put forward its claim for grant of mining lease for extracting an important mineral—chromite in Sukinda Valley situated in the State of Orissa. The State of Orissa is having substantial reserves of the aforesaid mineral. Originally, Tata Iron and Steel Co. Ltd. (for short ‘TISCO’) was granted mining lease for 50 square kilometres of area in Sukinda Valley by order of the Collector, Cut­tack sometime in September, 1952. Originally, mining lease over 1813 hectares of area was granted to TISCO for chromite extraction after preliminar






























































































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