9911796707
TMI Blog2008 (3) TMI 682X X X X Extracts X X X X X X X X Extracts X X X X ..... as for 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. 2. After referring to the chequered history of the litigation the High Court ultimately directed as follows: 18. Considering the fact that the matter is pending over 16 years, as the Respondents were without addressing themselves to the main issue involved in the matter, virtually compelling the Petitioner to approach the Court every now and then to make the Respondents realize about the main issue involved in the matter, and considering all the observations made hereinabove, we are compelled to direct the Resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decide whether the Minister could exercise any power where the grant of lease is regulated by the Statute as in our opinion the remedy of revision having been provided by Sec.30 of the Act, the proper course for the respondent was to approach the Central Government and not the High Court. Learned counsel for the respondent expressed apprehension that the period for limitation provided in Rule 54 of the Minerals Concessions Rules, 1960 having expired, the revision might not be entertained. The proviso to the rule, however, empowers the revising authority to condone delay if it is satisfied that the revision could not be presented for sufficient cause within time. Since the respondent was pursuing its remedy in High Court bona fide, it would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 1st March, 2000, and by that time the decision of this Court in the earlier case between the same parties had been decided in a particular way. Unfortunately, the High Court did not notice that also. It needs no reiteration that once the decision is rendered intra parties and attains finality, a different view cannot be taken, more so, when finality is attached by this Court s order. 7. In the circumstances, we set aside the impugned order of the High Court and directions contained in paragraph 3 of the earlier decision shall operate so far as this case is concerned. If any decision has been taken by the State Government or the Central Government in the present dispute, the same shall be of no consequence because of the stay order of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
