JUDGMENT

Kirpal, J.-The appellant had, under the provisions of Uttar Pradesh Minor Minerals (Concession) Rules, 1963 (for short the Rules ) on 17th September, 1977, been granted a lease of a plot of land admeasuring 10 acres in Mahoba Tehsil, Hamirpur District. This lease was for a period of ten years and on the basis thereof the appellant set up a granite unit.

2. The aforesaid lease was extended from time to time. The tenure of the lease having expired a public notice dated 31st March, 1995 was issued by the District magistrate, Hamirpur for grant of a fresh lease for the area which was being exploited by the appellant. This notice was published on 2nd April, 1995 and was issued under Rule 72 of the Rules. Rule 72, as it stood at the relevant time, was as under :

"Availability of area for re-grant to be notified-

(i) If any area, which was held under a mining lease under Chapter II or on reserved under Section 17-A of the Act, becomes available for re-grant on mining lease the District Officer shall notify the availability of the area through a notice inviting applications for grant of mining lease specifying a date, which shall not be earlier than thirty days fr