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CASE NO.:

Appeal (civil) 8501 of 2002

PETITIONER:

M/S INDIAN CHARGE CHROME LTD. & ANR

RESPONDENT:

UNION OF INDIA & ORS

DATE OF JUDGMENT: 11/12/2006

BENCH:

CJI Y.K. SABHARWAL,C.K. THAKKER & P.K. BALASUBRAMANYAN

JUDGMENT:

J U D G M E N T

WITH

CIVIL APPEAL NOS.8502/2002, 6787/2004, 6788/2004,

TRANSFERRED CASE NOS.9/2002, 21/2005 AND

TRANSFER PETITION (c) NOs.928/2005,

701/2005, 932/2005 and 446/2005

P.K. BALASUBRAMANYAN, J.

1. M/s Indian Charge Chrome Limited (hereinafter

referred to as, "I.C.C.L.") has challenged the decision of the

Orissa High Court in O.J.C. No. 1830 of 1999 in Civil Appeal

Nos. 8501 and 8502 of 2002. In Transferred Case (C) No. 9 of

2002, which was withdrawn to this Court from the High Court

of Delhi, the same Company had challenged by way of C.W.P.

No. 4230 of 2001 the grant of approval for what it called an

out of turn lease to M/s Nava Bharat Ferro Alloys Ltd.

(hereinafter referred to as, "Nava Bharat"), respondent No. 3 in

the Civil Appeals. Whereas, the Writ Petitions in the Orissa

High Court challenged the recommendation of the State

Government, the Writ Petition in the Delhi High Court

challenged the grant of approval by the Central Government to

the lease in favour Nava Bharat.

2. M/s GMR Technologies & Industries Limited

(hereinafter referred to as, "GMR") filed O.J.C. No. 2236 of

2002 in the High Court of Orissa challenging the decision of

the State Government to grant a lease of the extent of 436.295

hectares to the Orissa Mining Corporation Limited (hereinafter

referred to as, "OMC") against a recommendation to grant a

lease to it of an extent of 43.579 hectares out of it. The said

Writ Petition was allowed by the High Court of Orissa and the

said decision is challenged by OMC in C.A. No. 6787 of 2004

and in C.A. No. 6788 of 2004.

3. M/s Jindal Strips Ltd. (hereinafter referred to as,

"JINDAL") challenged in the High Court of Orissa by way of

Writ Petition No. 7575 of 2003 the decision of the State

Government to recommend the grant of the lease in favour of

OMC ignoring its own claim for a lease and the said Writ

Petition was got transferred to this Court and is numbered as

Transferred Case No. 21 of 2005. This case also challenges

the recommendation of the State Government for grant of a

lease to OMC of the remaining extent of 436.295 hectares.

4. The proposal of the State Government to grant a

lease to OMC was also challenged by I.C.C.L. before the Orissa

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High Court in Writ Petition (C) No. 1326 of 2005 and that is

sought to be got transferred to this Court by way of Transfer

Petition No. 928 of 2005. Similarly, M/s Ferro Alloys

Corporation Limited (hereinafter referred to as, "FACOR") also

challenged the recommendation of the State Government for

grant of lease to OMC by filing Writ Petition (C) No. 5960 of

2005 in the High Court of Orissa and the same is sought to be

got transferred to this Court in Transfer Petition (Civil) No. 701

of 2005. Nava Bharat, in its turn, challenged the proposal to

grant a lease to the OMC, in Writ Petition (Civil) No. 6459 of

2005 in the High Court of Orissa and the same is sought to be

got transferred to this Court by way of Transfer Petition (Civil)

No. 932 of 2005. Balasore Alloys Limited, formerly known as

Ispat Alloys Limited (hereinafter referred to as, "ISPAT") filed

Writ Petition (Civil) No. 3767 of 2005 in the High Court of

Orissa challenging the very same proposal to grant a lease to

OMC and that Writ Petition is sought to be got transferred to

this Court in Transfer Petition (Civil) No. 446 of 2005.

5. Thus, the challenges in all these appeals,

transferred cases and the cases covered by the transfer

petitions, are to the proposal for grant of a lease of an extent of

84.881 hectares to Nava Bharat, the denial