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SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Kohinoor Steel Private Limited – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Per, Sujit Narayan Prasad, J.
Prayer
In the present writ petition under Article 226 of the Constitution of India the petitioner-Firm has prayed for the following reliefs:
a. For issuance of an appropriate writ, order or direction, declaring that Section 10A(1) of the Mines and Minerals (Development & Regulation) Act, 1957 (as amended by Mines and Minerals (Development & Regulation) Amendment Act, 2015) is unconstitutional and ultra vires the Article 14 of Constitution of India.
b. For issuance of further appropriate writ, order or direction, including writ in the nature of certiorari, for quashing the letter issued by the Ministry of Mines, Government of India, bearing No.5/89/2010-MIV dated 12.11.2015, by which the proposal for grant of prospecting licence for Iron Ore and Manganese Ore over an area of 71.914 Ha. in Mauja Barabaljori and Merelgarha, District West Singhbhum in favour of the petitioner for a period of three years has been declared as ineligible in the light of Section 10A (2) of the Mines and Minerals (Development & Regulation) Act, 1957 (as amended by Mines and Minerals (Development & Regulation) Amendment Act, 2015) (hereinafter to be referred as 'MMDR Act')
The court ruled that a recommendation by the State does not constitute a vested right or letter of intent under the MMDR Act, and the amended provisions apply prospectively.
Legislative amendments to the Mines and Minerals Act render pending applications ineligible, emphasizing transparency and auction processes for mineral concessions, with no retrospective applicabilit....
The court affirmed that a petitioner has a vested right to a mining lease under Section 10A(2)(c) of the MMDR Amendment Act, 2015, provided all conditions of prior approval are met.
Court affirmed that governmental compliance with judicial orders is mandatory, but eligibility for mining leases can be affected by subsequent legislative amendments.
Point of law: An application for the renewal for a prospecting licence shall be disposed of by the State Government before the expiry of the period of prospecting licence and if the application is no....
Mining Lease approvals were revoked due to the petitioners' failure to comply with statutory requirements, rendering prior approvals void.
The main legal point established in the judgment is the requirement for reasoned decisions based on relevant facts, the importance of providing an opportunity of personal hearing, and the need to rec....
The court found that a petitioner lacks standing to challenge mining lease rejections when the applicant's prior applications have become ineligible under the amended MMDR Act.
A party must demonstrate a specific legal interest adversely affected by an action to establish locus standi; executive guidelines can clarify laws but do not override statutory provisions.
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