2008 (3) TMI 682 - SC - Indian Laws

Whether direction for grant of respondent s application for mining lease over an area of 34.68 hectares situated at two different villages in Ponda Taluka after executing the necessary lease deeds in favour of the respondents be granted?

Summary

Issues: Challenge to High Court judgment in Writ Petition, Disposal of application for mining lease, Similarity to previous case judgment, Pursuing remedies despite stay order

In this case, the appeal challenged the judgment of the Bombay High Court in a Writ Petition filed by the respondents seeking to quash orders related to a mining lease application. The High Court directed the authorities to dispose of the application within six weeks, imposing exemplary costs on the respondents for the delay. The appeal raised various points, including similarities to a previous case involving the same parties. The counsel argued that the High Court should not have given the directions after the matter had been finalized between the parties. On the other hand, it was highlighted that the respondents had already moved the Revisional Tribunal of the Central Government, which had decided in their favor. Despite a stay order by the Supreme Court, the respondents pursued their remedies before the Revisional Tribunal, which was deemed improper. The Supreme Court set aside the High Court's order and directed that the earlier decision between the parties would stand, rendering any decision by the State or Central Government inconsequential due to the Supreme Court's stay order. The appeal was allowed with no order as to costs.