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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 2536 of 2001

PETITIONER:

Government of Goa

RESPONDENT:

A.H. Jaffar and Sons and Anr.

DATE OF JUDGMENT: 26/03/2008

BENCH:

DR. ARIJIT PASAYAT & P. SATHASIVAM

JUDGMENT:

JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Challenge in this appeal is to the judgment of a Division

Bench of the Bombay High Court at Goa in Writ Petition

no.41/93 filed by the respondents. The writ petition no.41/93

was filed seeking quashing of the orders dated 3rd January,

1991 passed by the Directorate of Mines and Labour and

dated 22nd March, 1999 passed by the Secretary, Mines,

Government of Goa. Further prayer was for direction for grant

of respondent\022s application for mining lease over an area of

34.68 hectares situated at two different villages in Ponda

Taluka after executing the necessary lease deeds in favour of

the respondents.

2. After referring to the chequered history of the litigation

the High Court ultimately directed as follows:

\02318. Considering the fact that the matter is

pending over 16 years, as the Respondents

were without addressing themselves to the

main issue involved in the matt