Indian Kanoon - Search engine for Indian Law

B.N.AGRAWAL,J.

L...I...T.......T.......T.......T.......T.......T.......T..J This appeal by special leave is directed against the judgment dated 6.11.1998 of the Allahabad High Court rendered in a writ application filed by respondent no. 4 whereby the same has been allowed and order dated 24.9.1997 passed by the State Government sanctioning mining lease of granite sized dimensional stone in favour of the appellant for a period of 15 years in relation to 10 acres of land comprising of Plot No. 1 situate in Baghwa Mahoba and that dated 4.10.1997 passed by the District Magistrate, Mahoba, showing inability to decide the application filed on 4.7.1995 by respondent no. 4 for grant of mining lease in view of the aforesaid order of the State Government sanctioning mining lease in favour of the appellant have been quashed and a direction has been given to the District Magistrate to follow rule 72 of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as the Rules) and dispose of the aforesaid application filed by the respondent no. 4 on 4.7.1995.

After amendment of the said rule, the respondent- District Magistrate issued a notice dated 31.3.1995 under rule 72 of the Rules calling for applications for grant of mining leases after 30 days from the date of the issuance of notice, i.e., 2-5-1995 in relation to the area which was subject matter of lease of respondent no. 4 along with other areas. Pursuant to the said notice, respondent no. 4 applied for grant of lease in his favour and before completion of period of seven days from the date specified, i.e., 2.5.1995 an order was passed by the District Magistrate on 6.5.1995 sanctioning lease in his favour. As pursuant to the said order no lease deed was executed, the same necessitated respondent no. 4 to file a writ application on 24.5.1995 before the Allahabad High Court being C.W.P. No. 15290/95 for directing the authority concerned to execute a lease deed in his favour. After the filing of the said writ application, the State Government on 29.5.1995 cancelled the said notice dated 31.3.1995 issued by the District Magistrate on the ground that according to the policy decision of the State Government certain guidelines were provided for grant of granite lease. Thereafter, the District Magistrate issued fresh notice on 30.5.1995 under rule 72 of the Rules inviting applications for grant of mining lease which was challenged by respondent no. 4 in a separate writ application filed before the Allahabad High Court being C.W.P. No.16886/95. In view of the said notice, on 4-7-1995 respondent no. 4 applied afresh for grant of lease in his favour. Both the writ applications were heard and dismissed by the High Court on 24.4.1996 holding that the notice dated 31.3.1995 was invalid, being contrary to rule 72 of the Rules as the period of seven days was not specified therein and, therefore, there was no illegality in cancellation of the said notice and issuance of fresh one on 30.5.1995. Challenging the said order respondent no. 4 filed two Special Leave Petitions in which leave was granted and the Civil Appeals were disposed of by a common judgment rendered on 9.4.1997 whereby the appeals were dismissed, but it was observed that the High Court was not justified in declaring that the notice dated 31.3.1995 was invalid as in the opinion of this Court the said notice was in accordance with the provisions of rule 72 of the Rules, but cancellation of the same and issuance of fresh notice on 30-5-1995 was justified as the lease was sanctioned on 6.5.1995, i.e., before the expiry of the period of seven days. This Court while disposing of the said appeals granted liberty to issue a fresh notice for grant of lease in accordance with law.

Against the said order one Anil Kumar Shukla filed a revision before the State Government which is still pending. Thereafter, on 24.9.1997 the State Government sanctioned a mining lease of granite sized dimensional stone in relation to the area in question in favour of the appellant for a period of 15 years without following the procedure prescribed under rule 72 of the Rules. In accordance with the aforesaid order of the Divisional Commissioner passed on 11.9.1997 when respondent no. 4 moved the District Magistrate for considering his application dated 4.7.1995 for grant of mining lease, by order dated 4.10.1997 he expressed inability to decide the application on merit in view of the lease granted on 24.9.1997 by the State Government in favour of the appellant. Respondent no. 4 challenged the aforesaid order dated 24.9.1997 passed by the State Government and order dated 4.10.1997 passed by the District Magistrate by filing a writ petition before the Allahabad High Court being C.M.W.P. No. 34381 of 1997. One A.K. Tripathi also filed two writ petitions. All the three writ petitions were heard and disposed of by the High Court on 6.11.1998. The writ applications filed by A.K. Tripathi were dismissed on the ground that he did not file any application pursuant to the notice. So far as the writ application filed by the respondent No. 4 is concerned, the same was allowed, order dated 24.9.1997 passed by the State Government and that dated 4.10.1997 passed by the District Magistrate were quashed and the District Magistrate was directed to take a decision upon the application dated 4.7.1995 filed by the respondent no. 4 in accordance with law as the lease was sanctioned on 24.9.1997 by the State Government in favour of the appellant without following the procedure prescribed under rule 72 of the Rules. Challenging the aforesaid decision of the High Court, the appellant filed Special Leave Petition before this Court in which leave to appeal having been granted, the present appeal is placed before us.

`Minor minerals means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government has declared from time to time or may declare, by notification in the official Gazette, to be a minor mineral, under clause (e) of Section 3 of the Mines and Minerals (Regulation and Development) Act, 1957 (Act No. 67 of 1957). Chapter III provides for payment of royalty and dead rent. Under rule 21 of the Rules, which is under Chapter III, a holder of mining lease is required to pay royalty in respect of any mineral removed by him from the leased area at the rates for the time being specified in the First Schedule appended to the Rules. On 25.11.1993 an amendment was made whereby granite sized dimensional stone was incorporated in item (5) of the Schedule as (v). Conditions of mining leases have been enumerated in Chapter V and Chapter VI prescribes procedure for grant of mining permit.