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1971 Supreme(Ori) 44

G.K.MISRA, S.K.RAY
STATE OF ORISSA, THROUGH THE SECRETARY, DEPARTMENT OF MINING – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
B.K.BEHAR, D.P.RATH, G.L.SANGHI, G.RATH, R.MOHANTY, S.K.DHOLAKIA, Y.S.N.MURTY

G. K. MISRA, C. J.

( 1 ) THE State of Orissa through the Secretary, Department of Mining and Geology, is the petitioner. Its case may be stated in short. It is the owner in possession of an area of 462. 16 acres of land in village Boula in the district of Keonjhar. The said area contains chromite minerals ores. This area had been held under a mining lease by Sri M. A. Tulloch (hereinafter to be referred to as Tulloch ). The term of that lease expired on 1-6-1965. On 27-11-1964 Tulloch applied, for renewal of the lease. By an order (Annexure I) dated 27-5-1965 the application was rejected by the petitioner on the ground inter alia that the State Government had decided not to grant lease of the area to private parties and the same was required for exploitation by the State itself. There was an overall shortage of chromite in the state and it was intended that the ores raised from the area would feed the industries run by the State in the public sector. On 10-6-1965 Tulloch filed a revision petition before the Union of India (opposite party No. 1) under Rule 54 of the Mineral Concession Rules, 1960 (hereinafter to be referred to as the Rules) against the order (Annexure I ). Comments































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