Back
ARUN DEV CHOUDHURY
Jaydeep Goala, Son Of Late Dinesh Prasad Goala – Appellant
Versus
State Of Assam – Respondent
1. Heard Mr. P Mahanta, learned counsel for the petitioner. Also heard Mr. D Gogoi, learned standing counsel for the Environment and Forest Department and Mr. K Gogoi, learned CGSC for the respondent No. 4.
2. The petitioner has inter alia assailed a speaking order dated 26.04.2022 passed by the respondent no. 2 whereby the application submitted by the petitioner for renewal of the mining contract in respect of the mining contract area viz. “Chiri River Minor Mineral [Stone] Unit-2” [‘the Mining Contract Area’, for short] has not been considered and a decision has been taken to put the said Mining Contract Area into a fresh E-auction sale. The petitioner has also assailed a Long E-auction Notice published by the respondent no. 4 on 29.04.2022 whereby, online bids have been invited to settle the same Mining Contract Area under the provisions of the Assam Minor Mineral Concession Rules, 2013 [‘the 2013 Rules’, for short].
3. The petitioner earlier approached this court by filing a writ petition being WP(C) 919/2022 assailing an NIT dated 08.01.2022 and corrigendum dated 07.02.2022 for fresh settlement of the mine in question. The further challenge was an order dated 19.01.2022, whereb
The main legal point established in the judgment is that the word 'may' in Rule 19 of the Assam Minor Mineral Concession Rules, 2013 does not create an obligation to renew a mining contract, and the ....
Point of Law : Principles of natural justice which is the “useless formality” theory is squarely applicable in as much as, on the admitted or indisputable facts the authorities could have come only t....
The renewal clause in a mining lease deed provides a vested right to renewal, independent of the rules' repeal, and the doctrine of frustration is not applicable to concluded transfers.
The court affirmed the authority's discretionary power to deny renewal of a mining lease based on lessee's violations under the Granite Conservation and Development Rules, emphasizing lawful discreti....
Rule 18 (21) of Rules, 1986, which provide for alternate consequences of breach of conditions of lease.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
