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NUPUR BHATI
Mahaveer Kothari S/o. Shri Nathmal Kothari – Appellant
Versus
State of Rajasthan through the Deputy Secretary to the Government of Rajasthan, Mines Department – Respondent
ORDER :
SBCWP No.12278/2012 :
1. The instant writ petition has been preferred under Article 226 of the Constitution of India with the following prayers:-
ii) the mining lease of the petitioner may kindly be restored back in favour of the petitioner with effect from the date of taking over possession and the petitioner may be permitted to avail the remaining period of lease after taking over the possession till the expiry of the period of lease; and
iii) any other appropriate order which is deemed just and proper in the facts and circumstances of the case may kindly be also passed; and
iv) cost of writ petition be ordered to be awarded in favour of the petitioner.”
2. Brief facts of the case are that the petitioner was granted mining lease (ML No.20/87) for mineral Granite near Village Bithiya, Tehsil Sumerpur, District Pali in accordance with the provisions contained in the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter referred to as ‘the Rules of 1986’) for period of ten years from 10.08.1988. The period was the
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 court emphasized the necessity for authorities to follow procedural rules before canceling mining leases, allowing alternative penalties rather than outright cancellations.
Amnesty Scheme was floated to give benefit to mining lease holder.
The court emphasized the necessity of adhering to procedural requirements in administrative actions, particularly the right to a hearing and jurisdictional limits post-mineral classification changes.
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 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.
The court emphasized the importance of considering extenuating circumstances, such as the petitioner's medical condition, and held that arbitrary decisions without due consideration are not permissib....
Rule 18 (21) of Rules, 1986, which provide for alternate consequences of breach of conditions of lease.
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