V.RAMASWAMI, CHOUDHARY
Mineral Development Ltd. – Appellant
Versus
Union Of India – Respondent
Ramaswami, J.
1. In this case the plaintiff is Mineral Development, Limited, which is a public limited company incorporated under the Indian Companies Act, having its registered office at Calcutta. On 29-12-1947 the Raja of Ramgarh executed a registered lease in favour of the plaintiff in regard to 3026 villages comprised within the Ramgarh Estate on a Salami of Rs. 16,00,000. The term of the lease was for 999 years and there was an express provision in the lease granting power to the lessee to grant sub-leases.
On 8-9-1948 the Dominion Legislature enacted the Mines and Minerals (Regulation and Development) Act, 1948. The Act received the Governor Generals assent on 8-9-1948 but it came into force on 25-12-1949. Rules were framed by the Central Government under Sec. 5 of the Act for regulating the grant of mining leases. Among other matters the rules provided for the persons by whom applications for mining leases may be made, the authority by which mining leases may be granted and the maximum and minimum area and the period for which a mining lease may be granted. There was also provision in the rules for fixing the royalties and the minimum rent payable by the lessee. One
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