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2018 Supreme(Ori) 358

VINEET SARAN, B.R.SARANGI
Rio Tinto Minerals Development Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: M/s. Robin R. David, S.K. Acharya, S. Kashyap, R.P. Mohapatra & F.M. Varghese
For the Opp. Parties : Mr. D.K. Sahoo, Mr. S.P. Mishra, Mr. Sanjit Mohanty, Mr. R.K. Rath, M/s. R.R. Swain, A. Panigrahi, I.A. Acharya and A. Das, Mr. V. Narsingh, Mr. A.N. Das

JUDGMENT :

VINEET SARAN, J.

The petitioner-Rio Tinto Minerals Development Limited is a company incorporated under the Laws of England. It has filed this application with following prayers:

“(a) Admit and allow this writ application; and

(b) Issue a writ of or in the nature of Mandamus or any other appropriate writ, order or direction directing Opp. Party No.2 to grant Malangtoli lease, in terms of the tripartite agreement dated 17.06.2000 annexed as Annexure-8 and Respondent No.1’s letter bearing No. F.No. 5/58/98-M.IV and dated 20.12.2000 annexed as Annexure-10 to opposite party No. 3 in accordance with Section 10A (2) (c) of the amended MMDR Act; and

(c) Issue a writ or in the nature of Prohibition or any other appropriate writ, order or direction restraining Opp. Party No.1, Opp. Party No.2 and Opp. Party No.3 from taking any steps towards grant of Malangtoli lease to any other party other than Opp. Party Nos.3 or 5 for the tripartite project during the pendency of the present Writ Petition; and

(d) Pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

2. The factual matrix of the case in hand is that the Government























































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