2023 Supreme(SC) 666

SUPREME COURT OF INDIA
A.S. BOPANNA, M.M. SUNDRESH, JJ.
The State of Rajasthan & Ors. - Appellants
Versus
Sharwan Kumar Kumawat Etc. Etc - Respondents
Civil Appeal Nos. 1162-1171 of 2016 With C.A. Nos. 1212-1214 of 2016, C.A. Nos. 1207-1211 of 2016, C.A. Nos. 1202-1206 of 2016, C.A. Nos. 1182-1186 of 2016, C.A. Nos. 1172-1176 of 2016, C.A. Nos. 1177-1181 of 2016, C.A. Nos. 1187-1189 of 2016, C.A. Nos. 1197-1199 of 2016, C.A. Nos. 1195-1196 of 2016, C.A. Nos. 1200-1201 of 2016, C.A. Nos. 1190-1194 of 2016
Decided On : 01-08-2023

IMPORTANT POINTS
(1) Lease of Government Land – There is no right vested over application made which is pending seeking lease of a Government land or over minerals beneath soil in any type of land over which Government has a vested right and regulatory control – Mere filing of an application ipso facto does not create any right.
(2) Legitimate Expectation – Legitimate expectation is a weak and sober right as ordained by a statute – Right being not legal, apart from being non-existent, it cannot be enforceable.

Headnote:

(A) Mining Laws – Lease of Government Land – There is no right vested over application made which is pending seeking lease of a Government land or over minerals beneath soil in any type of land over which Government has a vested right and regulatory control – Mere filing of an application ipso facto does not create any right – Power of Government to amend, being an independent one, pending applications do not come in the way – For a right to be vested there has to be a statutory recognition – Such a right has to accrue and any decision will have to create resultant injury – When a decision is taken by a competent authority in public interest by evolving a better process such as auction, a right, if any, to an applicant seeking lease over a Government land evaporates on its own – Applicant cannot have exclusive right in seeking a grant of license of a mineral unless facilitated accordingly by a statute. (Para 17)

(B) Doctrine – Legitimate Expectation – Legitimate expectation is a weak and sober right as ordained by a statute – When Government decides to introduce fair play by way of auction facilitating all eligible persons to contest on equal terms, one cannot contend that he is entitled for a lease merely on the basis of a pending application – Right being not legal, apart from being non-existent, it cannot be enforceable. (Para 19)

(C) Mines and Minerals (Development and Regulation) Act, 1957 – Section 15 – Rajasthan Minor Mineral Concession Rules, 1986 – Rules 4(10) and 7(3) – Constitutionality of Rules – Impugned Rules have been introduced in exercise of power conferred under Section 15 of 1957 Act – There is neither a right nor it gets vested through an application made over a Government land – Law does not facilitate hearing parties in bringing an amendment by an authority competent to do so – There is delegation of power to first appellant which was rightly exercised as conferred under Section 15 of 1957 Act – Impugned Judgments set aside. (Paras 22 and 23)

Facts of the case:

In all these appeals Appellants seek to overturn decision of Division Bench of Rajasthan High Court, Jaipur Bench declaring sub-rule (10) of Rule 4 and sub-rule (3) of Rule 7 of Rajasthan Minor Mineral Concession Rules, 1986 as unconstitutional.

Findings of Court:

High Court has totally misconstrued the issues ignoring fact that there is a delegation of power to first appellant which was rightly exercised as conferred under Section 15 of 1957 Act.

Result : Appeals allowed.