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1975 Supreme(Del) 224

M.R.A.ANSARI, T.V.R.TATACHARI
EKLERA CHINA CLAY WORKS ANDTHRI OTHERS – Appellant
Versus
ASHWIN AND COMPANY – Respondent


Advocates Appeared:
A.H.Mehta, I.N.SHROFF, K.M.Mehta, R.M.MEHTA, R.P.KAPUR, S.K.DHOLAKIA, S.S.Dalal, SUBHASH OBEROI, URMILA KAPUR, URMILA SIRUR

( 28 ) FOR a proper appreciation of this point, it is necessary to. set out Rules 67 and 68 of the Mineral Concession Rules, 1949. They read as under:-

"67. Availability of areas for re-grant to be signified by Entry in Standard Register-

NO area which was previously held under a prospecting licence or a mining lease shall be treated as available for re-grant unless an entry to that effect has been made in Standard Register. The date from which the area shall be treated as available for re-grant shall be notified in the official Gazette of the State at least 30 days in advance.

EXPLANATION :-For the purpose of this rule, the Registers required to be maintained under Rules 20 and 33 shall be deemed to be Standard Registers.

68. Premature applications- Applications for grant of a prospecting licence or a mining lease in respect of areas which have been previously held under a prospecting licence or a mining lease but in respect of which there is no entry in the Standard Registe ras provided in Rule 67 shall be deemed to be premature and shall be disposed of by the State Government accordingly. The fee paid shall be refunded. "

( 29 ) RULE 67 consists of two parts. The first part provide































































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