State
of Bihar & Ors Vs. TATA Engineering & Loco. Co. Ltd. & Anr [1995] INSC
474 (8 September 1995)
Ramaswamy,
K. Ramaswamy, K. Hansaria B.L. (J)
CITATION:
JT 1995 (9) 609 1995 SCALE (5)465
ACT:
HEAD NOTE:
O R D
E R
Leave
granted.
Heard
the counsel on both sides. Since the mining lease had already expired by efflux
of time, we dispose of the appeal by stating as below:
One
M/s. Douglas Dias had approached this Court by way of appeal, viz., C.A.No.
3996/87 Since it has been dismissed as withdrawn by this Court's order dated 25th January, 1993, the controversy does not survive
for decision in this case, except that the impugned decision may be construed
to stand in the way of the State to consider similar case differently in
future. In fact in the application for condonation of delay, in filing this
appeal, it was stated in paragraph 2, thus:
"Initially
there was a decision taken that the petitioner should only file a counter
affidavit to the special leave petition No.6337 of 1986, filed by the respondent
no.2 herein, M/s Douglas Dias, in the Supreme Court, but without there being a
proper appreciation and perusal of the judgment done by the department they
came to know that it may subsequently affect the rights of the petitioners,
while granting any mining lease to any party. Ultimately, it was decided in the
month of November, 1986, to file a special leave petition herein the Supreme
Court and now the petitioners are filing a petition for special leave here in
the Supreme Court." It is made clear that the judgment of the High Court
would not be construed to stand in the way of the appellant to grant mining
leases in accordance with law and it would not form a precedent.
The
appeal is accordingly disposed of. No costs.
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