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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, ADVAIT M.SETHNA
Ashapura Minechem Ltd. – Appellant
Versus
Indian Bureau of Mines through Ministry of Mines – Respondent
| Table of Content |
|---|
| 1. petition filed for mining lease validity. (Para 1 , 2 , 5 , 6) |
| 2. amendment of mines act regarding lease conditions. (Para 21 , 22 , 24 , 25) |
| 3. arguments regarding the retrospective effect of amendments. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 4. conditions for mining commencement are mandatory. (Para 56 , 60 , 66) |
| 5. final dismissal of the petition. (Para 73 , 74) |
JUDGMENT :
ADVAIT M. SETHNA, J.
Any State Largess is rooted in the foundation of “trusteeship, which is premised on need and not on the individual greed.[The quoted, italicized portion are the “telling words” of the Father of the Nation – Mahatma Gandhi.]
1. This is a Writ Petition filed under Article 226 of the Constitution of India praying for the following reliefs which reads thus.
“(a) That this Hon’ble Court be pleased to declare that Section 4 -A(4) of the Mines & Minerals (Development and Regulation) Act, 1957 as amended with effect from 28.3.2021 does not apply to leases executed prior thereto and that such lease shall be governed by the provisions of Section 4 -A(4) of the Mines & Minerals (Development and Regulation) Act, 1957 as they stood on the date of execution of such leases;
(b) To declare tha
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