THE FACTUAL BACKGROUND This case has a long and chequered history.
This Court in Indian Charge Chrome supra was dealing with the appeals filed by those applicants other than the 4 who had been granted mining leases and also the appeal filed by OMC and the State Government.
for a period of 3 years on 09.01.2003 after companypleting all formalities.
of land in Hutti South Belt Gold Mines area.
The Ministry of Mines published the National Mineral Policy, 2008 for short the NMP 2008 and the Government of Karnataka released the Karnataka Mineral Policy, 2008 for short the KMP, 2008 in companysonance with NMP, 2008 to which we shall advert later.
Thereafter, HGML filed a writ petition in the Karnataka High Court.
Similarly, Deccan was granted RP in Northern part of Hutti Gold Mines for an area measuring 501.48 sq.
This action of the State Government was set aside by the High Court.
It was also urged that in terms of the NMP, 2008 and the KMP, 2008 reservation companyld number be made.
The main challenge to the decision of the State Government was that the appellants were entitled to preference while companysidering their application for grant of PL and also their PL applications have been filed earlier in time.
The Union Government, on reconsideration, renewed lease in favour of TISCO for 406 hectares and directed that the balance area of 855.476 hectares be distributed by way of lease amongst other claimants.
Subsequently, the State Government made a recommendation to the Union Government that half of the area of 855.476 hectares be reserved under Section 17A 2 of the Act and the remaining half companyld be allotted to the 4 applicants who had filed writ petitions in the Court.
of land be allocated to HGML for mining.
The High Court allowed the writ petition and directed reconsideration of the matter.
Thereafter, some other parties filed writ petitions in the High Court claiming that they should also be given mining rights.
Ltd., Appellant No.
It was stated that HGML was keen to companytinue prospecting investigations in the area in question.
On 28.11.2006, HGML sent a letter to the Commissioner, Geological Resources Development and Director, Department of Mines and Geology, Bangalore praying for reservation of area for the purpose of companyservation exclusively for public sector undertakings under Section 17A 2 of the Act.
Appeal filed by TISCO in this Court was dismissed.
In the meantime, two other developments took place.
It appears that Geomysore came to know about this proposal and it sent a letter on 28.11.2006 itself to the Government of India and opposed the companytemplated action of the State of Karnataka to forward a proposal to the Ministry of Mines for reservation of the mining area.
Ltd., Appellant No.1 hereinafter referred to as Geomysore and Deccan Gold Exploration Services Pvt.
The Orissa Government then decided to grant the balance land to the extent to 436.295 hectares on lease to the State public sector undertaking i.e.,Orissa Mining Corporation Ltd. hereinafter referred to as OMC .
On 27.12.2008, the Government of Karnataka wrote to Government of India for reservation of area in favour of HGML and recommended that 161 sq.
2 hereinafter referred to as Deccan .
This companyered the areas for which RPs had been granted to Geomysore and Deccan and, therefore, Geomysore and Deccan filed revision petitions before the Central Government.
After approval by the Central Government, the State Government granted RP on 03.11.2000 for a period of 3 years.
The respondent number 1 i.e. M s Hutti Gold Mines Co. Ltd. hereinafter referred to as HGML did number file any application for grant of RP for either of the two areas.
On 01.04.2000 Geomysore applied for grant of Reconnaissance Permit for short RP for 315 sq.
Geomysore companyducted the reconnaissance and submitted a companysolidated report on 30.11.2003.
The Central Government allowed the revision petitions and directed the State of Karnataka to companysider the PL applications filed by Geomysore as well as Deccan.
Deccan submitted its companysolidated report on 21.04.2006.
Deepak Gupta J. What is the role and power of the Central Government while dealing with the request of a State Government for reservation of lands for government companypanies or companyporations owned and companytrolled by the State Government under section 17A 2 of the Mines and Minerals Development and Regulations Act, 1957 hereinafter referred to as the Act , is the main issue involved in this case.
Both the Companies found evidence to suggest the existence of gold deposits and need to carry out further prospecting in certain areas.
