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february 2013

Supreme Court of India · 2013-02-07

M/S Kalinga Mining Corporation vs Union Of India & Ors

Court
Supreme Court of India
Petitioner
M/S Kalinga Mining Corporation
Respondent
Union Of India & Ors
Author
H.L.Gokhale
Bench
H.L.Gokhale

Judgment text excerpt

The Supreme Court ruled that the appellant's application for a mining lease under the Mines and Minerals (Development and Regulation) Act, 1957 was improperly delayed by the State Government, violating statutory timelines. The Court emphasized that under Section 5(1) of the Act, the State Government must act within a reasonable time, and failure to do so results in the application being deemed refused. Consequently, the Court held that the appellant is entitled to the mining lease as the State's inaction constituted a denial of due process, leading to the quashing of the lower court's orders.

M/S Kalinga Mining Corporation vs Union Of India & Ors · Niyam