LPA/745/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 745 of 2008 In SPECIAL CIVIL APPLICATION No. 25066 of 2006 with CIVIL APPLICATION No. 8675 of 2008 ========================================= ULTRA TECH CEMENT LTD. - Appellant(s) Versus UNION OF INDIA & 3 - Respondent(s) ========================================= Appearance : MR TUSHAR MEHTA for Appellant(s) : 1, None for Respondent(s) : 1 - 4. ========================================= CORAM : HONOURABLE THE ACTING CHIEF JUSTICE MR. M.S.SHAH and HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 29/07/2008 ORAL ORDER
(Per
: HONOURABLE THE ACTING CHIEF JUSTICE MR. M.S.SHAH)
Mr.
Tushar Mehta, learned counsel for the appellant submits that the
assertion made by respondent No.3 in his affidavit-in-reply filed on
behalf of the Commissioner of Geology and Mining, in paragraph
13(iii)(b) that ýSRespondent is of the view that this provision
[cost of production may be
considered to represent the pits’ mouth value of the mineral] has now
been withdrawn and Government is free to compare prices obtained
through various methods in order to arrive at a lower but just and
fair royalty rateýý is without any basis.
Notice
returnable on 6.8.2008.
Direct
service is permitted on respondents Nos. 2 to 4. Respondent No.1
shall be served through Speed Post Acknowledgment Due and also by
serving an advance copy on the learned Additional Solicitor General.
(M.S. Shah,
Actg. C.J.)
(D.H. Waghela,
J.)
*/Mohandas