Ghatkuri would not be
thrown open for grant of prospective licence, mining lease or
otherwise for the private parties. The deposit was at all material ... mineral oils;
(c) “mining lease” means a lease granted for the purpose of
undertaking mining operations, and includes a sub-lease granted
for such purpose
licence has already been granted, then such reconnaissance
permit or prospecting licence holders have the preferential right
for obtaining a prospecting licence or mining lease ... lease. Since the petitioner had
never pressed the application for mining lease, in its written
submission, the petitioner was claiming only the prospecting
licence
respect of which the order granting a permit or
licence or lease has been revoked under sub-rule
(1) of rule 7A or sub-rule ... renewal of a lease in favour of the original lease or his
legal heirs notwithstanding the fact that the lease has
already expired:
Provided further
treated as a lease agreement. He also submits that the question regarding the distinction between the lease and licence is a vexed one and does ... provides the definition of lease. The said provision reads as under:-
2(16) "Lease" means a lease of immovable property, and also
indicated the instances of agreements creating
licences, which reads thus:
"1025. INSTANCES OF AGREEMENTS CREATING LICENCES. A licence is normally
created where a person ... licence" would inter alia depend
upon certain factors which can be summarised as follows:
(a) whether a document creates a licence or lease
Marble Policy, in case of Khatedari or other private land mining lease/quarry licence shall be granted or renewed in favour of Khatedar or private ... permit, licence or lease], his agents or his servants or workmen to enter the lands over which [such permit, lease or licence had been granted
Property Act,
1882 defines "lease" of immovable property
as under:-
"105. Lease def ined.-A lease of immovable
property is a transf ... creates
a lease or licence can be taken as well
established:-
(i) To ascertain whether a document
creates licence or lease, substance
of the document
Committee and directed the Superintending
Mining Eningeer, DMG, Jaipur to cancel the lease/license of
dangerous mines in a phased manner. But the work ... line, but nothing was done and the State
Government had granted leases/licences in the prohibited area of
45 meters from the railway line
criteria for deciding whether the transaction
is a licence or lease.
7. The learned counsel for the respondent would contend
that though ... licence arrangement. Primarily it is for the
parties to decide what should be the relationship between them,
whether it should be a licence or lease
lease-cum-licence for
continuing the occupation of respective shops.
Petitioners also alternatively sought to convert the leave
and licence into a lease-cum-sale ... licence conditions
and duration of the said leave-cum-licence having come
to end petitioners are not entitled for renewal or for
obtaining lease
