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2015 Supreme(SC) 950

A.K.PATNAIK, S.S.NIJJAR, FAKKIR MOHAMED IBRAHIM KALIFULLA
GOA FOUNDATION – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

A.K. Patnaik, J.

1. This batch of Writ Petitions and Transferred Cases relate to mining in the State of Goa and as issues raised are common to the Writ Petitions and the Transferred Cases, the cases have been analogously heard and are being disposed of by this common judgment.

Facts relating to mining in Goa:

2. Prior to 19.12.1961 when Goa was a Portuguese territory, its Portuguese Government had granted mining concessions in perpetuity to concessionaires. On 19.12.1961, Goa was liberated and became part of the Indian Union and on 01.10.1963, the Mines and Minerals (Development & Regulation) Act, 1957 (for short 'the MMDR Act') was made applicable to the State of Goa. On 10.03.1975, the Controller of Mining Leases issued a notification calling upon every lessee and sub-lessee to file returns under Rule 5 of the Mining Leases (Modification of Terms) Rules, 1956 and sent copies of the notification to the concessionaires in Goa. Aggrieved, the concessionaires moved the Bombay High Court, Goa Bench, and by judgment dated 29.09.1983, in Vassudeva Madeva Salgaocar v. Un




































































































































































































































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