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2025 Supreme(Online)(SC) 3452

SUPREME COURT OF INDIA


CIVIL APPELLATE JURISDICTION


CIVIL APPEAL NOS. /2025


(@ S.L.P. Nos. 642-644/2017)


UNION OF INDIA APPELLANT(S)


VERSUS


A.V. SHANKUNTALA RESPONDENT(S)


WITH


CIVIL APPEAL NO. /2025


(@ S.L.P.(C) No. 910/2017)


CIVIL APPEAL NOS. /2025


(@ S.L.P.(C) Nos. 416-418/2017)


CIVIL APPEAL NO. /2025


(@ S.L.P.(C) No. 955/2017)


HON'BLE THE CHIEF JUSTICE


HON'BLE MR. JUSTICE SUDHANSHU DHULIA


HON'BLE MR. JUSTICE SANJAY KUMAR


APRIL 30, 2025

O R D E R

1. C.As. @ S.L.P.(C) Nos. 642-644/2017

Leave granted.

The present appeal has to be allowed in view of the judgment of this Court in Bhushan Power and Steel Limited v. S.L. Seal, ((2017) 2 SCC 125.) Additional Secretary (Steel and Mines), State of Odisha and Others, as the respondent is not the beneficiary of a Letter of Intent or prior approval of the Central Government to be covered under Section 10A(2)(c) of the Mines and Minerals (Development and Regulation) Act, 1957, read with the Mines and Minerals (Development and Regulation) Amendment Act, 2015.

The impugned judgment, to the extent of the respondent, is set aside accordingly and the appeals are allowed in the aforesaid terms.

Pending application(s), if any, shall stand disposed of.

C.As. @ S.L.P.(C) Nos. 910/2017, 416-418/2017 and 955/2017

Leave granted.

As the respondents do not fulfill the requirement under Section 10A(2)(c) of the Mines and Minerals (Development and Regulation) Act, 1957 - they neither have any communication from the Central Government giving prior approval and nor do they have the Letter of Intent (by whatever name called) - the application for grant of lease submitted by the respondents is to be treated as non est given the decision of this Court in Bhushan Power and Steel Limited (supra).

Accordingly, the impugned judgment in respect of the respondents is set aside and appeals are allowed in the above terms.

Learned Senior Advocate appearing for the applicant(s) seeks permission to withdraw I.A. Nos. 66540/2022 and 135653/2019 in SLP (C) Nos. 416-418/2017 and states that the applicant(s) have preferred a writ petition before the High Court.

In view of the statement made, the applications are dismissed as withdrawn.

However, we clarify that the State Government is entitled to argue and raise the plea that the issue is covered by the decision of this Court in Bhushan Power and Steel Limited v. S.L. Seal Additional Secretary (Steel and Mines), State of Odisha and Others, ((2017) 2 SCC 125.). This is disputed by the learned senior counsel for the applicant(s). We make no comments either way in this regard.

Other pending application(s), if any, shall stand disposed of.

RECORD OF PROCEEDINGS

ITEM NO.301 COURT NO.1 SECTION XII-A

S U P R E M E C O U R T O F I N D I A

Petition(s) for Special Leave to Appeal (C) No. 7964/2016

[Arising out of impugned final judgment and order dated 11-09-2015 in WP No. 10364/2015 passed by the High Court of Judicature at Hyderabad for The State of Telangana and The State of Andhra Pradesh]

COROMANDEL MINING AND EXPORTS PVT. LTD. & ANR. Petitioner(s)

VERSUS

UNION OF INDIA . & ORS. Respondent(s)

WITH

SLP(C) No. 642-644/2017 (IV-A)

SLP(C) No. 910/2017 (IV-A)

SLP(C) No. 416-418/2017 (IV-A)

IA No. 84721/2023 - APPLICATION FOR SUBSTITUTION

IA No. 38037/2021 - APPLICATION FOR SUBSTITUTION

IA No. 169707/2022 - APPROPRIATE ORDERS/DIRECTIONS

IA No. 2968/2018 - EXEMPTION FROM FILING O.T.

IA No. 1/2017 - EXEMPTION FROM FILING O.T.

IA No. 168519/2018 - EXEMPTION FROM FILING O.T.

IA No. 66540/2022 - INTERVENTION APPLICATION

IA No. 82450/2022 - INTERVENTION/IMPLEADMENT

IA No. 4061/2020 - INTERVENTION/IMPLEADMENT

IA No. 30685/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES

SLP(C) No. 18530-18532/2017 (IV-A)

IA No. 124038/2024 - APPLICATION FOR TAGGING/DETAGGING

IA No. 49395/2021 - APPLICATION FOR TAGGING/DETAGGING

IA No. 94763/2017 - EXEMPTION FROM FILING O.T.

IA No. 49550/2017 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES

IA No. 32059/2021 - VACATING STAY

SLP(C) No. 30343/2017 (IV-A)

IA No. 79616/2021 - APPLICATION FOR TAGGING/DETAGGING

SLP(C) No. 3957/2019 (IV-C)

IA No. 21923/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 21926/2019 - EXEMPTION FROM FILING O.T.

SLP(C) No. 9995/2016 (IV-C)

SLP(C) No. 13905/2016 (IV-C)

SLP(C) No. 13641/2016 (IV-C)

IA No. 77849/2017 - EXEMPTION FRO

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