M/S. Ashapura Minechem Limited v. Shrikar Arvind Paranjape And ORS.

21.cai-4.16 sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.4 OF 2016 IN PUBLIC INTEREST LITIGATION NO.137 OF 2008 M/s. AshapuraMinechem Limited ... Applicant vs.

Shrikar Arvind Paranjape & Ors.

...Respondents

Mr. Rushabh Sheth a/w Ms. Pooja Batra i/b. M/s. Bodhanwalla & Co. for the applicant.

Mr. Ashutosh R. Gole for respondent nos.1 and 2. Mr. Parag Vyas & Mrs. S. V. Bharucha for respondent no.4.

Mr. P. G. Sawant, AGP, for respondent no.3.

Mrs. Sharmila U. Deshmukh for respondent no.5. CORAM : A.S.OKA, & A. K. MENON, JJ.

DATE : 16TH SEPTEMBER, 2016.

P.C.:

Heard the learned counsel appearing for the applicant. Prayer (a) of the application reads thus:- "The Hon'ble Court be pleased to allow the present Application and grant its permission, in view of the directions recorded in the Order dated 10th September, 2015, in order to enable the Applicants to commence, resume the mining operations concerning the respective mines at Village VelasSkhri and Village Uttambar."

2.

We have perused the additional affidavit of

21.cai-4.16 Shri Rajesh Sharma dated 1st September, 2016. True copies of mining lease deeds in respect of mines at Village VelasSakhri and Village Uttamber have been annexed to the said additional affidavit. The copies of the mining lease show that the same are not executed in favour of the present applicant which is a limited company. Hence, there is no question of permitting the applicant to resume the mining operations as mining leases do stand in the name of the applicant. Only on this ground, the application is rejected.

(A.K.MENON,J.) (A.S.OKA,J.)