AIR 2016 SC (Supp) 955 ::(2016) 230 DLT 457 ::(2016) 4 CivLJ 9 ::2017 (2) SCC 125 ::(2017) 2 RecCivR 33 ::(2016) 12 Scale 801 ::(2016) 4 CurCC 358 ::(2016) 2 DMC 507 ::(2017) 1 Mad LJ 68 ::(2017) 2 JCR 183 (SC)

Supreme Court Of India

(From : Orissa)*

Hon'ble Judge(s): A. K. Sikri, Abhay Manohar Sapre , JJ

(A) Mines and Minerals (Development and Regulation) Act (10 of 2015) , S.10A— Mining lease - Grant of - Letter by State Government requesting Central Government to give its approval for grant of mineral concession - Cannot be termed as 'letter of intent' to be covered by S. 10-A for granting mining lease. Words and phrases - Expression 'Letter of intent'- Substantive in nature and not nomenclature of letter is determinative factor. In order to enable the State Government to enter into any lease agreement/contract with prospecting licensee, 'previous approval' of Central Government was essential. Unless such approval came, State Government could not communicate to prospecting licensee/lessee its intention to enter into any contract as pre-requisite prior approval would be lacking. Therefore, no promise could be held by State Government to any applicant showing its intention to enter into a contract in the future. Letter by State Government to Central Government was only recommendatory in nature and ultimate decision rested with Central Government. It is a different thing if Central Government refuses to give its approval on any extraneous reasons or mala fides or does not take into consideration relevant factors/material while rejecting application, which may form a different cause of action and may become a reason to challenge action of Centra....