( 1 ) ON December 3, 1949. the first respondent invited applications for grant of a mining lease under the Mineral Concession Rules, 1949 (hereafter referred to as the 1949 Rules ). These Rules were framed by the Central Government in exercise of powers under Section 5 of the Mines and Minerals (Regulation and Development) Act, 1948 (hereafter referred to as the 1948 Act ). Both the Act and the Rules were subsequently replaced by the Mines and Minerals (Regulation and Development) Act, 1957 (hereafter referred to as the 1957 Act) and the Mineral Concession Rules, 1960 thereafter referred to as the 1960 Rules ).

( 2 ) IN answer to the invitation, the appellant applied for grant of a mining lease on December 6, 1949, for 93 and odd acres of land in Village Gurda, P. S. Chamakpur, District Keonjhar, Orissa. The appellant's application along with those of others was considered by the first respondent and by an order dated May 16. 1955, the first respondent directed grant of a mining lease in respect of the said area in favour of the appellant. The lease, however, was to be subject to such condition as the first respondent light incorporate in the deed of lease.

( 3 )