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2014 Supreme(Bom) 1603

R.V.MORE, U.V.BAKRE
Lithoferro, a partnership firm, Goa represented herein by its Partners – Appellant
Versus
State of Goa, through its Chief Secretary – Respondent


Advocates Appeared:
For the Petitioners:R. Dada, D. Khambatta, S.D. Lotlikar, I.M. Chagla, Senior Advocates with Parag Rao, Swati Kamat Wagh, Fatima Noronha, Abhijeet Kamar, Sahish Mahambrey, D. Pangam, V. Agarwal, S.P. Munj, Riyaz Chagla, H.D. Naik, Abhijeet Gosavi, Amay Phadte, Ninad Laud, Nikhil Vaze, Nitin Sardessai, Deep Shirodkar, L. Raghunandan, Advocates.
For the Respondents:A.N.S. Nadkarni, Advocate General with D. Lawande, Government Advocate, A. Prabhudesai, S.S. Rebello, Amogh, P. Dangui, N. Pai, Additional Government Advocates.

Judgment :

Ranjit More, J.

1. Rule. Rule made returnable forthwith. Heard by consent.

2. The above writ petitions pertain to renewal of mining leases. Initially, the petitioners sought directions to the State Government to decide their applications for renewal of the mining leases filed in the year 2007. Some petitions, thereafter, came to be amended, thereby seeking directions to the State Government to execute the second renewal lease deeds. Since the issues raised in these writ petitions are common, and the writ petitions have been analogously heard, the same are being disposed of by this common judgment.

BRIEF BACKGROUND AND FACTS OF THE CASE

2-A. On 19th December, 1961, Goa was liberated and became a part of Indian Union. On 1st October, 1963, the Mines and Minerals (Development & Regulation) Act, 1957 (hereinafter, referred to as “the MMDR Act") was made applicable to the Union Territory of Goa. Prior to liberation of Goa, the Portuguese who were ruling Goa had granted mining concessions in perpetuity to the concessionaires. On 10th March, 1975, the Controller of Mining Leases, by issuance of notification, called upon every lessee and sub-lessee to file returns under Rule 5 o
























































































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