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2021 Supreme(AP) 1065

U. DURGA PRASAD RAO
Transworld Garnet India Private Limited – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : VIJAYA KUMAR SATA

ORDER :

Parties and facts, except the prayers, are similar in both these writ petitions and hence they are disposed of by this Common Order.

2. The petitioner’s case succinctly is thus:

(a) The petitioner is a Private Limited Company dealing in Beach Sand Minerals(BSM) mining and Garnet production. BSM deposits in our country contain seven important minerals viz., Ilmenite, Rutile, Leucoxene (Titanium minerals), Monazite (Thorium mineral), Zircon (Zirconium mineral), Garnet and Silimanite (Industrial minerals) coexisting together. Of these, only monazite is radio-active & Prescribed Substance. All these minerals are listed as Atomic Minerals under Part- B, First Schedule of MMDR Amended Act, 2016 (Act 25 of 2016).

(b) The petitioner company applied for mining lease for BSM in the State of Andhra Pradesh. The 2nd respondent issued its recommendation dated 06.09.2000 for prior approval of the 1st respondent under Section 5(1) of MMDR Act and Rule 27(3) of Mineral Concession Rules, 1960 (for short “MC Rules, 1960”). The 1st respondent vide its letter No.4/126/2000-M.IV, dated 12.04.2001 granted approval after consultation with the Department of Atomic Energy (DAE). The DAE suggested certa

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