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2016 Supreme(SC) 540

V.GOPALA GOWDA, ARUN MISHRA
State of Gujarat – Appellant
Versus
Nirmalaben S. Mehta – Respondent


JUDGMENT :

V. Gopala Gowda, J.

Leave granted.

2. These appeals are directed against the common judgment and order dated 13.12.2011 passed by the High Court of Gujarat at Ahmedabad in LPA No. 683 of 2011 in SCA No. 6897 of 2010, LPA No. 684 of 2011 in SCA No. 6899 of 2010 and LPA No. 685 of 2011 in SCA No. 6898 of 2010 urging various legal grounds and praying to set aside the same.

3. Brief facts of the case are stated hereunder to appreciate the rival legal contentions urged on behalf of both the parties:

One Kantilal Mohanlal Mehta entered into lease agreement with the appellant-State on 20.02.1964 for mining lease for bauxite in respect of lands described in Part I of the Schedule to Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter called the “MMDR Act”). The said lease was for 20 years and was given effect from 09.10.1963.

4. On 26.02.1964, the appellant-State issued a notification bearing no.MND 1760/3788G.V. reserving all areas of Jamnagar and Junagadh district for exploitation of bauxite for public sector. However, on 02.08.1978, again a notification was issued by the appellant-State, whereby the lands, specified in the schedule thereto, which were earlier res































































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