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2016 Supreme(SC) 477

T. S. THAKUR, A. K. SIKRI, R. BANUMATHI
District Collector, Vellore District – Appellant
Versus
K. Govindaraj – Respondent


Advocates Appeared:
For the Appellants :Subramonium Prasad, M.S. Ganesh, Sr. Advs., B. Balaji, R. Ayyam Perumal, S. Vijay Prashanth, K. Seshachary and Enakshi Mukhopadhayay, Advocates.
For the Respondents:K.K. Mani, T. Archna, V. Vasudevan and V. Ramasubramanian, Advocates.

JUDGMENT :

A.K. Sikri, J. - Leave granted.

2. The short question of law which arises for consideration in these appeals is as to whether amended Rule 8(8) of the Tamil Nadu Minor Mineral Concession Rules, 1959 (hereinafter referred to as "1959 Rules"), which was amended by G.O.Ms.No. 391 dated 17.11.2000, would have retrospective effect or will become operational prospectively i.e. only from 17.11.2000. The issue has arisen in the following context:

3. In all these appeals the respondents were granted stone quarrying leases for a particular area some time in the year 1997. At that time, as per amended Rule 8(8) of 1959 Rules, lease could be granted for a period of five years initially and thereafter it could be renewed by another five years. On the basis of this Rule, the respondents herein in all these appeals were given the leases for a period of five years. However, when these leases were still in operation and the said period of five years for which these leases were granted had not expired, Rule came to be amended vide G.O. dated 17.11.2000. The amended rule provided that the period for quarrying stone in respect of virgin areas, which had not been subjected to quarrying earlier,




















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