IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
M/s Standard Metalloys Pvt. Ltd. - Petitioner
Versus
Union of India and Ors. - Respondents
W.P.(C) 7537, 7553, 7555, 7591 of 2018 & CM APPLN. 28828, 28875-76, 28879-80, 29004-05 of 2018
Decided On : 06-02-2019
1. Vide these petitions, the petitioners have challenged the order dated 30.06.2016 passed by respondent No. 2 i.e. Controller General, IBM as Administering Authority appointed under Section 10 of the offshore Areas Mineral (Development and Regulation) Act, 2002 (herein after referred as OAMDR Act), whereby the respondent No. 2 has sought to annual the notification dated 07.06.2010 inviting applications for allotment of exploration license. As a result of the same, the respondent No. 2 has also annulled all the subsequent actions including the order dated 05.04.2011 by which the exploration licenses had been granted.
2. The facts and issues in the present petitions are same and similar, therefore, the present petitions are being disposed of by this common judgment. The facts and page numbers shall be discussed with reference to Writ Petition No. 7537/2018, however, facts and other petitions shall not be repeated for the sake of brevity being similar.
3. The impugned order dated 30.06.2016 is broadly challenged on the following grounds:-
(a) The impugned order dated 30.06.2016 was without jurisdiction and ultra vires the statute as there is no power to review the order of grant under the OAMDR Act, 2002.
(b) The impugned order dated 30.06.2016 is vitiated on account of violation of principles of natural justice.
(c) The reasons provided in the impugned order dated 30.06.2016, to annul the notification dated 07.06.2010 viz. (i) that some blocks are allegedly overlapping with onshore area, (ii) prohibition on mining in CRZ area, are baseless.
4. The brief facts of the above-captioned cases are that the petitioners had initially filed W.P. No. 1529/2018 before this Court seeking a writ of mandamus for execution of the exploration license under the OAMDR Act, 2002, however, owing to certain subsequent events after the filing of the writ petition, the present petition is being preferred by way of abundant caution to also raise a challenge to the order dated 30.06.2016. Though the said order as of date does not exist owing to its having been set aside by this Court vide order dated 09.11.2017 in W.P. No. 5734/2016. The respondent No.1 is the Ministry of Mines through Secretary. The grievance in the present petitions is that due to various directions being issued by the said Ministry from time to time, which have finally culminated into the order dated 30.06.2016 and even after the aforesaid order was set aside, due to directions issued by the said Ministry, exploration licenses have not been executed with the petitioners. The Controller General of respondent No.2 was originally appointed as the administering authority for implementing provisions of the OAMDR Act, 2002 and the grant order dated 05.04.2011. However, passed impugned order dated 30.06.2016. The respondent No.3 is the authority that has currently been appointed as the Administrating Authority w.e.f. 06.04.2018.
5. OAMDR Act, 2002 was enacted in the year 2003 with a view to develop, regulate, exploit the mineral resources available in the territorial waters, continental shelf and other maritime zones of India so as to augment the national wealth. In exercise of powers under the said Act, the Offshore Areas Mineral Concession Rules, 2006 (hereinafter shall be referred as OAMC Rules, 2006) were framed to regulate the procedure for grant of operating rights in respect of such areas mentioned above. According to the said Act and the said Rules, it is clear that the following stages/phases are contemplated, which are as follows:-
(a)
Reconnaissance Permit
Stage I
(b)
Exploration License
Stage II
(c)
Production Lease
Stage III
6. The concept of exploration license and production lease are two separate and different forms of permissions/concessions. Whereas under the former, the licencee is only entitle
Antonio Buttigieg v. Stephen H. Cross
Babu Vargese vs. Bar Council of Kerala
Baraka Overseas Traders vs. Director General of Foreign Trade
Bhushan Power and Steel Limited v. S.L. Seal and Ors.
Commissioner of Municipal Corporation, Shimla v. Prem Lata
DDA vs. Joint Action Committee, Allotment of SFS Flats
Dipak Babaria and Anr. vs. State of Gujarat
Dr. Smt. Kuntesh Gupta v. Management of Hindu Kanya Mahavidhyalaya, Sitapur (U.P.) & Ors.
Dresser Rand S. A. v. M/s. Bindal Agro Chem. Ltd. & Anr., MANU/SC/0151/2006
Edward Keventers (Successors) (P) Ltd. v. Union of India
Gujarat Pottery works Pvt. Ltd. vs. B. P. Sood
Kalabharti Advertising vs. Hemant Vimalnath Narichania
Kuntesh Gupta vs. Management of Hindu KanyaMahavidyalaya, Sitapur UP& Ors
Maj. Chandra Bhan Singh v. Latafat Ullah Khan &Ors.
Manipal University vs. Union of India
Pallava Granite Industries (India) Pvt. Ltd. V. Union of India
Patel Narshi Thakershi & Ors. v. Shri Pradyuman Singhji Arjunsinghji
Rao Shiv Bahadur Singh Vs. State of Vindhya Pradesh
Rishi Kiran Logistics v. Board of Trustees of Kandla Port
Sales Tax Officer v. Shree Durga Mills
State of Orissa & Ors. v. Commissioner of Land Records and Settlement, Cuttack &Ors.
State of Orissa vs. Binapani Dei
State of Tamil Nadu and Ors. v. K. Shyam Sunder and Ors.
State of U.P. Vs. Singhara Singh
Sunita Jain v. Pawan Kumar Jain &Ors.
Threesiamma Jacob and Ors. vs. Geologist, Dptt. of Mining and Geology and Ors.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.