Back
SAMEER JAIN
Modi Mineral Grinding Mills Private Limited – Appellant
Versus
Union of India – Respondent
ORDER :
Sameer Jain, J.
The instant petition is filed against the order impugned dated 07.01.2011 passed by the Central Government whereby the revision application filed by the petitioner under Rule 54 of the Mineral Concession Rules, 1960 against the order dated 09.12.2007, as passed by the State Government, was dismissed.
2. Learned Senior Counsel, Mr. A.K. Sharma, appearing on behalf of the petitioner, has submitted that the order impugned is wholly contrary to and/or inconsistent with the applicable facts, law and material on record, thereby is liable to be quashed and set aside. In order to substantiate upon the said claim, it was submitted that the petitioner's renewal application was dismissed on account of merely procedural shortcomings, which cannot be considered to be valid grounds of rejection, as the same can be rectified subsequent to the grant of renewal, having made the said renewal contingent upon the fulfilment of the noted deficiencies. In this regard, reliance was placed upon Rule 22 of the Mineral Concession Rules, 1960 (hereinafter, Rules of 1960). In support of the submissions made herein-above, learned counsel relied upon the dictum of the Hon'ble Apex Court a
Renewal of a mining lease is a discretionary right, contingent on fulfilling mandatory conditions; failure to comply justifies rejection of applications.
State Government framed the Rajasthan Minor Mineral Concession Rules, 2017.
The failure to consider a party's explanation before adverse action constitutes a violation of natural justice, rendering the decision arbitrary.
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 Supreme Court affirmed that no vested right to lease renewal exists without compliance with statutory requirements, emphasizing discretionary powers of the state.
The main legal point established in the judgment is that the delay in filing a revision application must be condoned by the revisional authority if sufficient cause is shown, as prescribed by the And....
Writ petition dismissed as application for renewal of mining lease was properly denied under relevant legislative rules due to lack of actionable provisions.
Once the terms and conditions of a lease are accepted, the party cannot challenge them. The application of statutory provisions, such as Rule 9(1) of the JMMC Rules, must be adhered to in determining....
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
