Section 190 in Rules Under the Land and Revenue Regulation
190. Conditions of or mining lease.
- Where the surface of any land covered by a mining lease is in the occupation of any person other than the lessee -(i)The lessee shall have the liberty and powercise of the rights granted by the lease: provided that without the consent of the occupier and in the absence of such consent without the written authority of the Deputy Commissioner, he shall not enter into any building or structure, or into any enclosed yard or garden:(ii)No surface operations shall be carried on in or upon the site of any dwelling house or in such a manner as to injure any buildings structures, property or rights of other persons without their consent or, in the absence of such consent with out the written authority of the Deputy Commissioner;(iii)The Deputy Commissioner shall not grant authority under clause (i) or (ii) unless he is satisfied that the right conferred by the lease cannot be exercised except by the grant of such authority;(iiia)[ On receipt of an application for authority to enter upon any land or to injure any property under clause (i) and (ii) the Deputy Commissioner shall immediately publish at his office and on the land concerned a notice that such authority has been applied for;] [(Added by C.S. No. 20 to the notification of the Land Revenue Manual)](iv)No land which is in the occupation of any person other than the lessee shall be used for surface operations if any other land not so occupied is suitable and available for surface operations;(v)The lessee shall not without the express sanction of the Deputy Commissioner cut down or injure any timber or trees on such land, but may without such sanction clear away any brushwood or undergrowth which interferes with the exercise of the rights granted by the lease;(vi)The Deputy Commissioner may assess or cause to be assessed any damage or injury which may be done by the lessee to the property of the occupier of such land or of any other person and may order the amount so assessed to be paid by the lessee.[In assessing any damage or injury under this clause the assessor may leave out of account the value of any buildings erected or improvements made by the occupier of the land after he has granted consent under clause (i) or (ii), or, in the absence of such consent, after the date of the publication of the notice required by clause (iiia).] [(Added by C.S. No. 20 to the notification of the Land Revenue Manual)](Vide Government Notification No. RD281/47/43, dated 24th August/1984)
