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Showing contexts for: TANCEM in Dalmia Cement (Bharat) Limited vs The Union Of IndiaMatching Fragments
10. O.S.No. 392 of 1994 was instituted by TANCEM against various private cement companies, including Dalmia, seeking a declaration that TANCEM holds a deemed prospecting licence as per Section 11 of the Mines and Minerals (Development and Regulation) Act, 1957 (in short, ‘MMDR Act’), for those areas covered under its letter dated 26.11.1988.
11. A permanent injunction was also sought seeking to restrain the State Government for granting mining leases to private cement companies and to restrain private cement companies, including the appellant from operating on those lands where TANCEM sought the https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 05:44:20 pm ) W.A.Nos.947 of 2017 etc. batch preferential right. The suit has been transferred to the file of District Munsif, Court, Tiruchirappalli in 1996 and has been re-numbered as O.S.No. 1450 of 1996, pending as on date.
18. On 03.09.1996, the Government recommended rejection of TANCEM’s application in respect of 145.5.45 hectares, for want of evidence of TANCEM possessing surface rights over the aforesaid land.
On 11.8.1998, TANCEM requested before the Assistant Commissioner (Land Reforms, Tiruchirappalli), for the withholding of permission under Section 37A of the Land Reforms Act to private cement companies, in respect of the lands covered under G.O.(Ms).No.123 dated 15.05.1995, and reiterated the request by letters dated 2.9.1998 and 21.11.1998.
19. On 28.11.2000 and 28.08.2002, the Land Acquisition Officer and Special Tahsildar (LA) Unit II, TANCEM, issued draft awards in favour of TANCEM in respect of the lands at Kallankurichi & Kairulabad Villages, which according to Dalmia, constitute private patta lands, owned by individuals and companies, including the appellant.
20. These lands are different and distinct from the land holdings https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 05:44:20 pm ) W.A.Nos.947 of 2017 etc. batch covered under W.P.Nos.5414 and 5466 of 2015. TANCEM reiterated its earlier request for withholding of permission for exploitation of the subject lands by private cement companies by letter dated 06.10.2001 and reiterated its request for assignment of those lands in its favour.
23. Mr.Viduthalai, learned Senior Counsel for Mr.A.Sivaji, learned counsel for TANCEM submits that, in fact, it is TANCEM that has commenced prospecting operations even prior to Dalmia, in association with the State Geology and Mining Department, even as early as between 1971 to 1973.
24. A document is produced before us entitled ‘Report on the detailed investigation of the limestone deposits in Kallankurichi, Kairulabad, Periyanagalur, Ameenabad and Valajanagaram Villages, Ariyalur Taluk, Tiruchirapalli District (Phase IV)’. The report is by the https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/12/2025 05:44:20 pm ) W.A.Nos.947 of 2017 etc. batch Director and Assistant Director of the Department of Geology and Mining, Madras and the Chief Geologist of TANCEM, Ariyalur Works, Ariyalur and is of 1989 vintage. According to TANCEM, this Report will indicate not just the interest of TANCEM but also the action taken by them, and consequently the preferential claim in its favour.