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DINESH MEHTA
J. K. Cement Limited – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
DINESH MEHTA, J.
1. The petitioner, a company registered under the provisions of the Companies Act, 1956 is engaged in manufacture and sale of white cement. At the time of establishment of its unit at Gotan, District Nagaur, the petitioner had purchased 4 sq. km land from the existing lessee - Gotan Limestone Khanij Udhyog (GLKU) for which, the lessee had taken prior consent from the State as required under rule 15 of the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter referred to as ‘the Rules of 1986’).
2. The same lessee (GLKU) entered into another agreement dated 01.11.1995 with the petitioner to transfer 2.041738 sq. km. or 204.1738 hectare of land out of total leasehold area of 10 sq. km.
3. The said lessee (GLKU) in turn moved an application dated 31.01.1997 and prayed that 204.1738 hectare land be allowed to be transferred to the petitioner for its captive use. In the application aforesaid, it was stated that the firm had received a sum of Rs.10 Lakhs towards investment already made for the development of the mine.
4. The aforesaid application came to be rejected by the Director (Mines) by order dated 11.08.1997, as according to him, there is no provision
The court affirmed that the authority to grant relaxation in mining lease transfer is discretionary and cannot be claimed as a right, emphasizing the binding nature of prior rejection orders.
There cannot be a collateral challenge to an order by a respondent in a writ proceeding instituted by a petitioner for implementation of such order.
The State cannot take advantage of its own wrong, and a wrongdoer should not be permitted to make a profit out of their own wrong.
The court affirmed that applications for quarry leases must comply with statutory rules, and administrative instructions cannot override these provisions.
The court upheld the legality of mining leases under U.P. Minor Minerals Rules, clarifying that G.O. dated 31.5.2012 applies only to river bed minerals, as per G.O. dated 26.2.2013.
Tender - State Government may, either suo moto at any time or on an application made within ninety days from date of communication of the order, call for examine record relating to any order passed o....
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