INDIAN METALS AND FERRO ALLOYS LTD. versus UNION OF INDIA AND ORS.
Reservations for Public Sector Undertakings are valid under statutory provisions; grant of mining lease to private parties requires relaxation with recorded reasons; Rao's acceptance of leases granted to IMFA, FACOR and Aikath is upheld; claims of OCL and ORIND require reconsideration by State Government; guidelines and clear procedure are needed for lease allocation.
- Parties
- Petitioner: Indian Metals and Ferro Alloys Ltd.; Respondent: Union of India; Respondent: Orissa Mining Corporation (OMC); Respondent: Industrial Development Corporation (IDCOL); Petitioner: Orissa Cements Ltd. (OCL); Petitioner: Orissa Industries Ltd. (ORIND); Petitioner: Aikath
- Jurisdiction
- India
- Judgment Date
- 21 September 1990
- Procedural Posture
- Writ Petition / Final Disposition
- Outcome
- Petitions disposed
- Legal Topics
- Grant of Mining Lease, Reservation for Public Sector Undertakings, Promissory Estoppel, Statutory Amendments
Case Brief
Summary, issues, holding and outcome
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Parties
Indian Metals and Ferro Alloys Ltd.
Petitioner
Union of India
Respondent
Orissa Mining Corporation (OMC)
Respondent
Industrial Development Corporation (IDCOL)
Respondent
Orissa Cements Ltd. (OCL)
Petitioner
Orissa Industries Ltd. (ORIND)
Petitioner
Aikath
Petitioner
Procedural Posture
Writ Petition / Final Disposition
Legal Issues
- 1 Whether reservation for Public Sector Undertakings is obligatory in granting mining leases for chrome ore/chromite
- 2 Whether the claims of private applicants can be considered in light of reservation policy
- 3 Whether the State Government has acted arbitrarily or mala fide in mining lease policy
Ratio Decidendi
Reservations for Public Sector Undertakings are valid under statutory provisions; grant of mining lease to private parties requires relaxation with recorded reasons; Rao's acceptance of leases granted to IMFA, FACOR and Aikath is upheld; claims of OCL and ORIND require reconsideration by State Government; guidelines and clear procedure are needed for lease allocation.
Court Disposition
Petitions disposed
Orders
- Rao's recommendations for grant of mining leases to IMFA, FACOR and Aikath accepted and confirmed.
- Rejection of claims of OCL and ORIND by Rao set aside; their applications restored for reconsideration by State Government.
Full Case Text
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