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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 5689 of 1994

PETITIONER:

SALIGRAM KHIRWAL

RESPONDENT:

UNION OF INDIA

DATE OF JUDGMENT: 09/09/2003

BENCH:

R.C. LAHOTI & ASHOK BHAN

JUDGMENT:

JUDGMENT

2003 Supp(3) SCR 522

The following Order of the Court was delivered :

Late Dr. Sarojini Pradhan, whose heirs are impleaded as respondent Nos. 3

to 8 herein (collectively called hereafter as ’private respondents’, for

the sake of convenience) was holding a mining lease over an area of

163.4723 hectares in village Banarai for extraction of lime stone and

dolomite. Late Dr. Sarojini Pradhan committed breach of terms and

conditions of the mining lease in her favour consequent whereupon the State

Government determined her lease and called for fresh applications vide a

notification dated 3rd December, 1977. The termination of the mining lease

held by late Dr. Sarojini Pradhan is now only a matter of past history

inasmuch as that termination has achieved a finality and is not in dispute

in the present proceedings.

Pursuant to the notification dated 3rd December, 1977, nine applications

came to be submitted for the grant of mining lease in terms of sub-Section