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2010 (9) TMI 1058 - SC - Indian LawsWhether the State Government's recommendation dated 06.12.2004 and the proceedings of the Chief Minister are contrary to the provisions of Section 11 of the Act and Rules 59 and 60 of MC Rules and not valid in law? Whether the respondent-Jindal's application dated 24.10.2002 made prior to the Notification dated 15.03.2003 is capable of being entertained along with the applications made pursuant to the said notification? Whether the order of the High Court of Karnataka in Ziaulla Sharieff's case permit the consideration of the respondent-Jindal's application dated 24.10.2002 made prior to the notification dated 15.03.2003? Whether Rule 35 of the MC Rules justify the recommendation of the State Government in favour of the Respondents-Jindal and Kalyani? Whether the criterion of "captive consumption" referred to in Tata Iron and Steel Co. Ltd. vs. Union of India, (1996) 9 SCC 709, have any application in this case despite not being one of the factors referred to in Section 11 (3) of the MMDR Act or Rule 35 of the MC Rules? Whether factors such as the past commitments by the State Government to applicants who have already set up steel plants, matter for consideration for grant of lease despite the MMDR Act and the MC Rules constituting a complete Code? Whether the recommendation in favour of respondents-Jindal and Kalyani saved by the operation of the Law of Equity? Whether the learned single Judge as well as the Division Bench are justified in arriving at such conclusion? Whether it is advisable to remit it to the Central Government?
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