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HIGH COURT OF JUDICATURE AT ALLAHABAD
SARAL SRIVASTAVA, AMITABH KUMAR RAI
Sharad Enterprises – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. contentions around the legality of forfeiture and terms of the lease. (Para 2 , 12 , 23 , 24 , 25) |
| 2. leases under mining regulations require compliance with payment terms. (Para 3 , 4 , 5 , 6 , 10) |
| 3. respondent's arguments supporting the lease conditions. (Para 13 , 14 , 15 , 16 , 19) |
| 4. claims regarding equal treatment and adjustment of security. (Para 22 , 30 , 32) |
| 5. judicial interpretation of contractual obligations and natural justice. (Para 55 , 60 , 62) |
| 6. writ petition dismissed for lack of merit. (Para 106) |
JUDGMENT :
Saral Srivastava, J.
1. Heard learned counsel for the petitioner and Sri Rajeshwar Tripathi, learned Chief Standing Counsel-II for the State-respondents.
2. The petitioner by means of the present writ petition has prayed mainly for the following relief:-
“i. Issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 29.12.2018, only to the extent of forfeiture of the security amount of Rs. 8,51,68,215/- passed by Respondent no.3 and quashing the impugned recovery Certificate dated 14.01.2019 issued by the District Magistrate, Jalaun and impugned recovery Citation dated 23.01.2019 issued by the Tehsildar, Jhansi
The authority can forfeit a mining lease security deposit for non-payment of lease installments under the terms established in the lease agreement, affirming contractual obligations.
The authority must provide adequate reasons for the complete forfeiture of a security deposit, especially when a lesser penalty has been imposed and already paid.
The court ruled that security deposits can be adjusted against arrears, rejecting automatic forfeiture upon license cancellation, emphasizing fairness in state actions under Article 14.
The Mines Tribunal has the authority to determine lease terms for mining operations under statutory provisions, affirming that statutory leases are bound by the same conditions as contractual ones, i....
The registration authority must refuse registration of any instrument related to state-owned lands unless mandatory consent from the State Government is obtained, reaffirming the legal necessity to a....
Point of Law : MMDR Act, 1957, though takes away power of State to make laws under Entry 23 of List II, by S.15 of MMDR Act, power to regulate quarry leases, mining leases or other mineral concession....
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