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Geomin Minerals and Marketing (P) Ltd vs. State of Orissa and others.

Pays/Territoire
Inde
Type de cour
Nationale - cour supérieure
Date
Jul 14, 2010
Source
UNEP, InforMEA
Nom du tribunal
Orissa High Court
Siège de la cour
Cuttack
Juge
Das, B.P.
Ray, B.P.
Langue
Anglais
Sujet
Ressources minérales
Mot clé
Exploitation minière
Résumé
Posco and the Orissa government signed a Memorandum of Understanding (MoU) in June 2005 for setting up an integrated steel plant with a total capacity of 12 million tonnes (mt) per annum in the Jagatsinghpur district of Orissa, located along the coast of Orissa. The MoU says Posco would also develop and operate mining facilities in the areas allocated by the government of Orissa or the Centre. It would also develop and operate road, rail and port infrastructure including a dedicated railway line. In January 2009, the government recommended that the Centre grant Posco a licence for prospecting iron ore on 2,500 hectares of the Khandadhar mines, in Sundergarh district. The recommendation was based on Section 11(5) of the Mining and Minerals (Regulation and Development) Act. Geomin Minerals and Marketing (P) Ltd, a Bhubaneswar-based company and 16 other firms which had also applied for mining leases intervened. Terming the decision “arbitrary” and “illogical,” Geomin Minerals challenged it in the High Court, claiming that it had made the first application for a mining lease in the area way back in August 1991. Allowing the writ petition filed by Geomin, the Court directed the State government to take a fresh decision on the licence giving preferential right of consideration to the petitioner, as this preferential right for consideration was available to the petitioner, and the recommendation made in favour of Posco was not valid. Urging the court to restrain the government from considering applications for mineral concessions filed by the latter applicants until its application was disposed of, Geomin Minerals also sought an order to dispose of all its applications pending with government. Holding that the writ petition was not premature and was maintainable as there was no alternative remedy, the High Court directed the government to dispose of all pending applications of the petitioner in four months.
Texte intégral
Orisa High Court.pdf