Vir Sponge & Power Limited v. Union Of India, Karnataka High Court, Judgment, Law, casemine.com

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Case Number

Writ Petition No. 63893 of 2016 (GM-MM-S)

Attorney(S)

Mr. L.M Chidanandayya, Advocate
Mr. K.M Nataraj, Additional Solicitor General A/W Sri. K.A Ariga, CGC, for R-1
Dr. Aditya Sondhi, Additional Advocate General A/W Sri. V.G Bhanuprakash, AGA, for R-2 & R-3

Judges

Subhro Kamal Mukherjee, C.J
Budihal R.B, J.

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Vir Sponge & Power Limited v. Union Of India

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ndDAY OF JANUARY, 2017

PRESENT

THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE,

CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE BUDIHAL R.B. WRIT PETITION NO.63894 OF 2016 (GM-MMS)

BETWEEN :

M/s. VIR SPONGE AND POWER LIMITED

A COMPANY REGISTERED UNDER

THE COMPANIES ACT

REPRESENTED BY ITS AUTHORISED

REPRESENTATIVE AND DIRECTOR

SRI.MANUVIR AGARWAL

HAVING ITS HEAD OFFICE AT

NO.25/604, OSHIWARA LINKWAY

OPP. VSNL QUARTERS

OSHIWARA MHADA

ANDHERI (W)

MUMBAI - 400 053 ... PETITIONER

(BY MR. L.M.CHIDANANDAYYA, ADVOCATE)

AND :

1. UNION OF INDIA

REPRESENTED BY SECRETARY

TO THE DEPARTMENT OF MINES

SHASTRI BHAVAN

NEW DELHI - 110 001

2. STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY,

DEPARTMENT OF COMMERCE & INDUSTRIES

(MSME, TEXTILE AND MINES)

VIKASA SOUDHA,

BANGALORE-560 001.

3. THE COMMISSIONER AND DIRECTOR

DEPARTMENT OF MINES AND GEOLOGY

KHANIJA BHAVAN, RACE COURSE ROAD,

BANGALORE-560 001. ... RESPONDENTS (BY MR.K.M.NATARAJ, ADDITIONAL SOLICITOR GENERAL A/W SRI. K.A.ARIGA, CGC, FOR R-1

DR. ADITYA SONDHI, ADDITIONAL ADVOCATE GENERAL A/W SRI.V.G. BHANUPRAKASH, AGA, FOR R-2 & R-3) ---

This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent Nos.2 and 3 to issue notification granting mining lease in favour of the petitioner in respect of the schedule property and execute lease deed on or before 11.1.2017 treating the letter dated 6.10.2005 vide Ann-G issued by R3 as a letter of intent in terms of Section 10A(2)(c) of MMDR Act as amended in 2015 and etc.

This petition coming on for Preliminary Hearing this day, THE CHIEF JUSTICE made the following:

ORDER

This is a writ petition seeking, in substance, a mandamus to issue mining lease in favour of the writ petitioner on the ground that there has been a letter of intent on behalf of the State Government to grant the lease.

2. Our attention is drawn to the decision of the Supreme Court of India in the case of BHUSHAN POWER AND STEEL LIMITED versus MR.S.L.SEAL, ADDITIONAL SECRETARY (STEEL AND MINES), GOVERNMENT OF ODISHA AND OTHERS in Contempt Petition (Civil) No.275 of 2016 in Contempt Petition (Civil) No.374 of 2012 in Civil Appeal No.2790 of 2012, where it has been held that there could not have been any letter of intent by the State Government unless there has been a previous approval of the Central Government. The previous approval of the Central Government has been essential.

3. Admittedly, in this case, there was no previous approval by the Central Government. Therefore, we do not find any merit in the writ petition.

4. The writ petition stands dismissed.

5. There will be no order as to costs. Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

Vir Sponge & Power Limited v. Union Of India

Vir Sponge & Power Limited v. Union Of India

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