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2003 Supreme(Bom) 836

F.I.REBELLO, P.V.HARDAS
Nishikant Sukerkar, legal heir of Narsinva P. Sukerkar, Margao, Goa – Appellant
Versus
Government of India, through Secretary, Ministry of Mines – Respondent


Advocates appeared:
Shri Anil Diwan, Senior Advocate with Shri Dhruv Metha & Shri M.S. Joshi, Advocates for the Petitioners.
Shri J.S. Vaz. Additional Central Government Standing Counsel for Respondent No.1.
Shri N.K. Sawaikar Additional Government Advocate for Respondent No.2.
Shri S.K. Kakodkar, Senior Advocate with Shri J.J. D'Souza, Advocate for Respondent No.3.

JUDGMENT

F.I. REBELLO, J.

1. This petition was originally filed in the High Court of Delhi and was numbered as Civil Writ Petition No. 5648 of 1998. A transfer petition came to be filed before the Apex Court. By order dated January 20, 2003, the Apex Court directed this petition to be transferred to this Bench of the High Court to be heard alongwith Writ Petition No. 268 of 1996, which was pending here. That petition has also been heard.

2. A few facts as they emerge from the pleadings of the petitioners and the documents annexed may now be set out for the purpose of disposing of, the issues which arise in the present petition. The late Narsinva P. Sukerkar, in the year 1955, was granted mining concession being title No.7 of 1955 was granted mining concession being title No.7 of 1955 for an area admeasuring 22.0807 hectares of village Pissurlem, Sattari Taluka, North Goa, by the then Portuguese Administration under the Portuguese Mining Laws of 1906. Goa came to be annexed by conquest and became a part of the Union of India on 19th December, 1961. By Section 5 of the Goa, Daman and Diu Administration Act. 1961, all laws in force prior to liberation were continued. The Mines and Miner

































































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