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PARTH PRATEEM SAHU
Sunil Kumar Khandelia S/o Jagdesh Prasad Khandelia – Appellant
Versus
State Of Chhattisgarh Through The Secretary Department Of Geology And Mining – Respondent
ORDER :
Parth Prateem Sahu, J.
1. The petitioner has filed this writ petition seeking following reliefs:-
10.2 That, the Hon’ble Court may kindly be pleased to issue direction to the authorities, to extend the benefit of the amendment made in the Rule 4 of Rules of 2019 to the petitioner by extending the lease period of sand mine situated at the village Kareli Chhoti Tehsil Magarlod, District – Dhamtari, having Khasra No. 409 bearing Rakba 4.90 hectares petitioner for another two years as per the mandate of the amendment made in Rule 4 of the Rules of 2019 vide notification dated 15.05.2023.
10.3 Any other relief which this Hon’ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.
10.4 Cost of the petition may also be granted to the petitioner.”
2. Facts relevant for disposal of this writ petition are that the petitioner was granted lease of sand mines at Village Kareli Chhoti, Tehsil – Magarlod, District – Dhamtari over the land bearing Khasra No. 40
Legislative amendments are generally prospective unless explicitly stated otherwise, and the executive cannot alter legislative provisions without proper authority.
A Letter of Intent constitutes a binding contract, and subsequent amendments to renewal rules do not retroactively affect rights accrued prior to the amendment.
Point of law: Amendment – Rules - substitution made by Rule 7 of the Amendment Rules of 2020 will have a retrospective operation.
Mining authorities cannot refuse lease extensions based on policy when statutory provisions support such extension, especially if the delay was not the lessee’s fault.
Only existing quarry leases prior to the commencement of the Gujarat Minor Mineral Concession Rules, 2017 are eligible for extension under the specified provisions.
Once the terms and conditions of a lease are accepted, the party cannot challenge them. The application of statutory provisions, such as Rule 9(1) of the JMMC Rules, must be adhered to in determining....
Only quarry leases granted or renewed before the commencement of the Gujarat Minor Minerals Concession Rules, 2017 are eligible for extension under Rule 12.
Only existing quarry leases granted before the Gujarat Minor Mineral Concession Rules, 2017, can be extended under Rule 12, affecting the petitioner's claim.
1. Rule 38A of the Tamil Nadu Minor Mineral Concession Rules, 1959, which vests the exclusive right to quarry sand, in the State Government, is held valid.2. In regard to mining leases subsisting as ....
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