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2014 (3) TMI 1151 - HC - Indian LawsGrant of mining license - vires of notification dated 29-09-2009 issued by the Central Government-respondent No.2 under Section 17-A(1-A) of the Mines and Minerals (Development and Regulation) Act, 1957 - HELD THAT:- It is explicit that the recommendation made in favour of the petitioner by the state Government vide order dated 26-06-2008 had not been culminated in actual grant of lease and therefore the area mentioned in the said order cannot be termed as the area already held under the mining lease. This fact gets crystallized by the later part of the State Government order which says that "all NOCs from the Central Government, State Government and local authorities be obtained by the applicant", meaning thereby that only thereafter the recommendation will be culminated in the grant of mining lease. There being no approval from the Central Government and no Lease Deed executed between the petitioner and the Government of Maharashtra the area contemplated in the notification dated 29-09-2009 was very much available for reservation under Section 17-A(1-A) of the MMDR Act and the notification dated 29-09-2009 therefore cannot be held to be bad-in-law. The challenge raised by the petitioner to the notification dated 29-09-2009 is about the manner of exercise of power under Section 17-A(1-A) of the MMDR Act and not to the availability of such power for reservation with the Central Government. Even otherwise the issue of notification dated 12-10-2006 by the State Government calling upon general public to file applications for grant of mining leases over certain areas and the order passed on 26-06-2008 in favour of the petitioner do not take away the special powers of the Central Government as vested in it under Section 17-A(1-A) of the MMDR Act - the Central Government notification cannot be said to be vitiated. Petition dismissed.
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