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5.9. On March 6, 2006, the Government of India passed an order accepting the request of the State Government dated September 13, 2005 for withdrawal of the mining proposals made in favour of applicants, including Monnet.

Civil Appeal No. 3286 of 2009, Adhunik Alloys & Power Ltd. Vs. Union of India and Ors.

6. The appellant M/s. Adhunik Alloys & Power Limited, referred to as Adhunik, is a company registered under the provisions of the Companies Act, 1956. It carries on business of iron and steel. Adhunik intended to set up 2.2 MTPA integrated steel plant at Kandra in the State of Jharkhand. The first phase of this integrated steel plant is said to have been completed and commissioned in June, 2005. The work for completion of phase-II has been going on. On September 1, 2003, Adhunik made an application to the State Government for grant of mining lease over an area of 8809.37 acres (3566.54 hectares) in Mauza Ghatkuri for iron ore for captive consumption of its proposed integrated steel plant at Kandra, Jharkhand.

6.4. On August 4, 2004, the State Government recommended Adhunik’s case to the Central Government for grant of mining lease for iron ore for captive consumption over an area of 426.875 hectares. In its letter dated August 4, 2004 seeking prior approval of the Central Government for grant of mining lease for iron ore in favour of Adhunik, the State Government gave various reasons justifying grant of mining lease to Adhunik.

6.5. Adhunik claims that substantial progress has been made in construction of its Rs. 790 crores integrated steel plant and the plant has been seriously affected due to shortage of iron ore.

Civil Appeal No. 3287 of 2009, Abhijeet Infrastructure Ltd. Vs. Union of India and Ors.

7. The appellant M/s. Abhijeet Infrastructure Limited, referred to as Abhijeet, was earlier known as Abhijeet Infrastructure Pvt. Limited. Abhijeet has been in the business of iron and steel for last many years. On November 21, 2003, Abhijeet submitted the application to the State Government for mining lease over an area of 1633.03 hectares in Mauza Ghatkuri for iron ore and manganese for captive consumption of its proposed Sponge Iron Plant and Ferro-Alloys Plant in Village Rewali, Block Katkamsandi, District Hazaribagh. On February 26, 2004, an MOU was entered into between Abhijeet and the State Government for setting up a Sponge Iron Plant and Ferro-Alloys Plant at suitable location in the State of Jharkhand.

7.1. On August 5, 2004, the State Government took a decision to grant a mining lease to Abhijeet for iron ore for captive consumption over an area of 429 hectares not overlapping with the area of any other applicant in Mauza Ghatkuri. The State Government sought prior approval of the Central Government vide its letter dated August 5, 2004 for grant of mining lease to Abhijeet.

7.2. Abhijeet has averred that based on firm and definite commitment of the State Government in the form of MOU dated February 26, 2004 it has taken all required steps including the steps for getting acquisition of land in village Kud, Rewali and Damodih.