AIR 1991 SUPREME COURT 1521 ::1991 AIR SCW 1298 ::1991 (2) UJ (SC) 155 ::1991 (3) SCC 428 ::1991 (2) BLJ 178 ::1991 (2) BLJR 931 ::1991 (2) PatLJR 68 ::(1991) 5 JT 435 (SC)

Supreme Court Of India

(From : Patna)

Hon'ble Judge(s): K. N. Singh, N. M. Kasliwal , JJ

Mines and Minerals (Regulation and Development) Act (67 of 1957) , S.11— Mining lease - Two companies applying for lease in respect of same area - Some part of area applied for, by two companies overlapping - Grant of lease to company whose application was prior in time - High Court's order cancelling lease in respect of area overlapping - Not justified. Judgment of H.C. (Patna), Reversed. Where two companies applied for grant of mining lease in respect of the same area, it would be open to the State Govt. to grant mining lease for whole area or in respect of lesser area even though a part of the same area was claimed by the respondent company and the High Court would not be justified in cancelling the mining lease in favour of appellant company with regard to that part of the area which was included in the respondent company's area on the ground that the State Government was bound to execute and carry out the Central Govt.'s directions for executing a lease in favour of respondent-company in respect of the entire area in respect of which it had made an application, @page-SC1522 when the appellant-company's application was prior in point of time and the respondent-company did not carry out the mining operation in the area and was not interested in the matter. Morever, the Central Government had by its order as ref....