Shri Roy And Sane Antao. v. State Of Government Of Goa, Through The Director Of Mines And Geology/Jt.Secretary (Mines) And ANR.

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 7 OF 2016 SHRI ROY AND SANE ANTAO.

... Petitioner

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STATE OF GOVERNMENT OF GOA, THROUGH THE DIRECTOR OF MINES AND GEOLOGY/JT.SECRETARY (MINES) AND ANR., ... Respondents Mr. N. Laad and Mr. Amay Arjun Phadte, Advocates for the petitioners.

Mr. V. Rodrigues, Government Advocate for the respondents. Coram:- S. B. SHUKRE, J.

Date:- 17th February, 2016 P.C.

Heard the learned Counsel for the petitioner and the learned Government Advocate for the respondents.

2. Learned Government Advocate, on instructions, submits that it is a fact that no hearing was granted to the petitioner while passing the first impugned order dated 21/10/2013.

3. In view of the statement made by the learned Government Advocate, the impugned orders cannot be upheld in view of the provisions of Rule 26(1) of Mineral Concession Rules, 1960. Accordingly, Writ Petition is allowed. The impugned orders dated 09/09/2015 and 21/10/2013 are quashed and set aside. Mining lease

WP/7/2016 renewal application filed by the petitioner shall be considered by the competent authority in accordance with law.

4. All the contentions of both sides on merits of the matter, including the contention of the petitioner regarding the effect of amendment brought into force on 12/01/2015 to the Mines and Minerals Act, 1957 are kept open and shall be decided by the competent authority in accordance with law.

5. Writ Petition stands disposed of accordingly. S. B. SHUKRE, J.

SMA