right to or a right in that
land. It is,jus ad rem alienum acquirendum and not a jus in re
aliena......... A right ... identical with a right to the thing itself, and that is the primary
right of the pre-emptor. The secondary right is to follow
related to each other and undisputedly, respondent No.1 has a preferential
right to purchase the property in dispute. Earlier, by registered sale-deed
dated ... filed a suit for declaration of title,
enforcement of preferential right, and for correction of the revenue records
against respondents
making application for mining lease and Section 11 provides for preferential right of certain persons for obtaining a mining lease.
7. Having regard ... extract Section 11 of the Act, which runs as under:
11. Preferential right of certain persons.- (1) Where a reconnaissance permit or prospecting licence
plaintiff has filed this suit to declare that he has a
preferential right (right of pre-emption) to purchase the plaint
schedule ... emption right is a very weak
right exercisable for the first time when the cause of such a
right arises and such a right
lease for Mineral-G, which is meant for grant
as per preferential rights, cannot be sustained in the eye of law;
x. the application submitted
granted in
respect of any land, the licensee shall have a preferential
right for obtaining a mining lease in respect of that land over ... land, the applicant whose
application was received earlier shall have a preferential right
for the grant of the licence or lease, as the case
permit, while Section 81 of the Act does
not give such preferential right to renewal. On the other
hand, if the permit granted under Section ... There is a distinction between right acquired or
accrued, and privilege, hope and expectation to get a right,
as rightly pointed out by the High
permit granted for the
purpose of undertaking reconnaissance operations; and.
11. Preferential right of certain persons.--(1)Where a
reconnaissance permit or prospecting licence ... land, the permit holder or the
licencee shall have a preferential right for obtaining a
prospecting licence or mining lease, as the case
relief in
one of the plaints claiming preferential right in respect of the suid property
on the premise that the plaintiff was a co-sharer ... then in
that situation decree under Section 22 Hindu
Succession Act (preferential right to acquire
on same terms and conditions) be granted
and the purchaser
petitioner having filed an application
for mining lease has got preferential right and the Mines
Tribunal and the High Court were not right in rejecting ... granted in respect of any
land, the licensee shall have a
preferential right for obtaining a
mining lease in respect of that
land over
