entered into
by him in 2004 tantamounts to his having a preferential right of
first refusal for award of the contract relating to the project ... capacity augmentation of the project of the
petitioner, it had a preferential right under Clause 14 of the
Concession Agreement dated 14th
Article 14 of the Constitution. It is contended that the preferential right granted by this sub-section only on the ground of the applicant being ... granted in respect of any land, the licensee shall have a preferential right for obtaining a mining lease in respect of that land over
Hindu Succession Act, 1956. The said Section reads as under:-
22. Preferential right to acquire property in certain cases. - (1) Where after the commencement ... right of purchase. The Orissa High Court held clearly that the plaintiff, having relinquished its rights to the property, had also lost his preferential rights
violation of Section 22
of the HSA, 1956 which gives a preferential right or the right of pre-
emption to Class-I heirs including ... that preferential rights were given in the right of succession to
family properties and a qualification has been put on the right to transfer
property
person to whom the PL has been granted gets a preferential right
for the purpose of grant of an ML.
8. According ... crores in the
process, L&T had a preferential right over all other applicants for a
PL or ML under Section 11(1) MMDR
under, grant or refuse to grant the license or lease. 11. Preferential right of certain persons.-(1) Where a prospecting license has been granted ... preferential rights mentioned in subsections (1) and (2) of Section 11 the right contemplated by section 11(4) is rather a weak right. Reliance
under
Section 22 of the Hindu Succession Act, 1956 having a preferential right to
purchase the share of R-2 herein as it was alleged ... Court vide order dated 12.12.2006 by observing that the
question of preferential right of purchase of the share of R-
2/Mr.Gurbachan Inderjit Singh
impleaded party is 8.6.2003. Clearly, the petitioner
has a preferential right under section 11(2) of the MMDR Act, 1957. However,
since the State Government ... India. It is argued that even
though Section 11 creates a preferential right in respect of the first applicant (for a mining or
prospective lease
impleaded party is 8.6.2003. Clearly, the petitioner
has a preferential right under section 11(2) of the MMDR Act, 1957. However,
since the State Government ... India. It is argued that even
though Section 11 creates a preferential right in respect of the first applicant (for a mining or
prospective lease
concerned.
LPA 592/2010 & 181/2011 Page 21
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Section 11 . Preferential right of certain persons.
(1) Where a reconnaissance permit or prospecting licence ... land, the permit holder or the
licensee shall have a preferential right for obtaining a
prospecting licence or mining lease, as the case
