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1996 Supreme(Raj) 285

ANSHUMAN SINGH
Binani Zinc Ltd. – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Sudhir Gupta, for the Appellant
Shanti Bhushan, Kamla Kar Sharma, A.K. Sharma and Anurag Sharma, for the Respondents

Judgment

Anshuman Singh, J.-By means of this petition undep Article 226 of the Constitution of India the petitioners have prayed for quashing of the impugned letter dated 11-4-1996 (Annexure-21) sent by the Government of India, Ministry of Mines to the Secretary to the Government of Rajasthan, Department of Mines, Jaipur conveying the approval of the Central Government under Section 5(1) of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as the ‘Act’) and Rule 27(3) of Mineral Concession Rules, 1960 to the grant of prospecting licence for limestone over an area of 15.226 sq. kms. in villages Kotal and Kundal,, District Sirohi in favour of MIs. DCM Shriram Consolidated Ltd. for a period of 2 years. The approval is subject to the imposition of special conditions at Sl. Nos. 1 to 3 as mentioned in the State Government letter dated 7-9-1995. The relevant facts which are necessary for the disposal of the present writ petition are as under:--Petitioners applied for grant of mining lease over an area of 396.00 Hectares in Gariya village and over an area of 385.00 hectares in Gopeshwar-Kundal villages in Pindwara Tehsil, District Sirohi on 28-7-1994.





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