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1998 Supreme(Del) 906

K.S.GUPTA, Y.K.SABHARWAL
SAHI RAM – Appellant
Versus
AVTAR SINGH – Respondent


Y. K. SABHARWAL, J.

( 1 ) THE writ petitioner-Avtar Singh was granted a lease in respect of a piece of land in the State of Haryana for extraction of Silica and, a major mineral, for a period of 10 years effective from 8th July 1981 to 7th July 1991. He entered into a lease agreement with State of Haryana under the provisions of Mineral Concession Rules 1960 (hereinafter referred as rules ). The same area which was leased to Avtar Singh was also co-extensively leased in favour of R. L. Sharma for extraction of ordinary sand, a minor mineral . The minor mineral is to be extracted from the surface and the major mineral underneath the surface. The lease with Avtar Singh stipulated that the lessee of minor mineral will work the mine first and Avtar Singh shall start work after the lessee of minor mineral has finished his operations.

( 2 ) AVTAR Singh was issued a show cause notice dated 10th March 1983 requiring him to remedy the breaches mentioned in the show cause notice within 60 days from the receipt of the notice and report compliance to the State Government. The said show cause notice was issued under Rule 27 (5) read with clause 2 of Part IX of the lease deed. This notice als























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