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VINIT KUMAR MATHUR
Om Prakash Agrawal, S/o. Shri Ramdayal Agarwal – Appellant
Versus
State of Rajasthan, Through The Additional Chief Secretary, Mines Department, Government of Rajasthan – Respondent
ORDER :
S.B. Civil Writ Petition No. 1410/2022 :
1. Heard learned counsel for the parties.
2. The present writ petition has been filed against the order dated 24/02/2015 passed by the Superintending Mining Engineer, Jodhpur, whereby the mining lease granted in favour of the petitioner was cancelled and the order dated 18/11/2021 passed by the Deputy Secretary (Mines), Mines Department, Government of Rajasthan, Secretariat, Jaipur, whereby the appeal of the petitioner was rejected.
3. Brief facts giving rise to the present writ petition are that vide order dated 06/05/1989, the petitioner was granted a Mining Lease (ML No.08/1999) for mineral Limestone near Village Barna Harsh, Tehsil Bilara, District Jodhpur. While the petitioner was operating the mine, he was served with a notice dated 04/02/2014 for deposition of the dead rent due. Since the petitioner did not deposit the dead rent in pursuance of the notice dated 04/02/2014, the mining lease of the petitioner was cancelled vide order dated 24/02/2015. Against the order of cancellation dated 24/02/2015, the petitioner preferred an appeal which was also rejected by the Appellate Authority vide order dated 18/11/2021. During the penden
Amnesty Scheme was floated to give benefit to mining lease holder.
Affording an opportunity of hearing before cancelling a mining lease is essential to comply with the principles of natural justice and the provisions of Rule 30 of the Rajasthan Minor Mineral Concess....
The mandatory requirement of depositing dead rent for a mining lease and the automatic consequence of non-deposition leading to cancellation of the lease.
Non-deposition of dead rent leads to automatic cancellation of mining lease, and time-barred appeals lack merit.
The court emphasized the necessity for authorities to follow procedural rules before canceling mining leases, allowing alternative penalties rather than outright cancellations.
Rule 18 (21) of Rules, 1986, which provide for alternate consequences of breach of conditions of lease.
The cancellation of the mining lease was found to be in accordance with the statutory provision of Rule 25(5) of the Orissa Minor Mineral Concession Rules, 2004.
Compliance with mining lease terms is essential for valid surrender; failure to pay dues justifies lease termination and forfeiture of security deposit.
An order is required to be speaking in nature and must contain reasons, and the impugned order was non-speaking and did not contain reasons, making it violative of Article 14 of the Constitution of I....
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