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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
ON THE 1st OF SEPTEMBER, 2022
WRIT PETITION No. 8953 of 2022
Between:-
ASHISH PANDEY S/O LATE SHRI BASANT KUMAR
PANDEY, AGED ABOUT 47 YEARS, OCCUPATION:
BUSINESS 35/10 RISHI NAGAR EXTENSION, UJJAIN
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI (DR.) MANOHAR DALAL, ADVOCATE)
AND
1.
THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL
SECRETARY
MANTRALAYA
VALLABHBHAVAN, BHOPAL (MADHYA PRADESH)
2.
DIRECTOR DIRECTORATE OF GEOLOGY AND
MINNG MADHYA PRADESH, 29-A KHANIJ BHAVAN,
ARERA HILLS, BHOPAL (MADHYA PRADESH)
3.
COLLECTOR UJJAIN (MADHYA PRADESH)
4.
MINING OFFICER COLLECTORATE, UJJAIN
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI BHASKAR AGRAWAL, GOVT. ADVOCATE)
This petition coming on for admission this day,
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JUSTICE VIVEK RUSIA passed the following:
O R D E R
The petitioner has filed the present writ petition under
Article 226 of the Constitution of India being aggrieved by the
order dated 07.04.2022 passed by the Mining Officer, Collectorate,
District – Ujjain, whereby the petitioner has been directed to
deposit dead rent for the year, 2019, 2020, 2021 and 2022 before
execution of a deed for renewal of the lease.
02.
The facts of the case in short are under:-
2.1.
The petitioner was having a mining lease for the
Government land bearing Survey No.942 area of 3.600 hectares
situated at Village & Tehsil – Ghatia, District – Ujjain. The
petitioner applied for renewal of the lease for another 10 years vide
application dated 16.05.2018 to the Mining Brach of Collectorate,
District – Ujjain. A decision has been taken for renewal of the lease
for the area admeasuring 3.600 hectares for the period of 10 years
from the year 01.01.2019. Vide letter dated 20.01.2021, the
petitioner was directed to comply with provisions of Rule 42 of
M.P. Minor Mineral Rules, 1996 (in short the Rules of 1996). Vide
order dated 12.01.2022, the Director of Mining Department has
approved for execution of sanction under Rule 6 & 18(2) of the
Rules of 1996 for grant of lease for a period of 10 years from
01.01.2019 subject to compliance of the amended provisions of the
Rules of 1996 (22.01.2022).
2.2.
Now vide order dated 07.04.2022, the petitioner has been
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called upon to execute an agreement with the deposit receipt of
dead rent for the years, 2019, 2020, 2021 and 2022. Hence, the
present petition before this Court.
03.
Shri Manohar Dalal, learned counsel for the petitioner
submits that there is no such provision of charging dead rent from
the prospective leaseholder under the provisions of the Rules of
1996 for the period when there was no lease. Even otherwise, there
was no delay on the part of the petitioner in submitting an
application for renewal. The renewal was withheld by the State
Government due to the pendency of 53 writ petitions before the
Full Bench of M.P. High Court. After the decision given by the Full
Bench on 21.09.2020, the Additional Secretary, Mining
Department vide letter dated 27.11.2020 directed all the Collectors,
Mining Branch to initiate a process to decide the pending
applications for renewal of the lease. Therefore, it is not a case
where the petitioner did not operate the lease to make him liable to
pay the dead rent. The Government was not taking any decision in
respect of renewal because of the pendency of the matter before the
Full Bench of this High Court, hence, the petitioner cannot be
compelled to deposit the dead rent from the year 2019 to 2022
before the execution of the agreement for lease.
04.
Learned Government Advocate appearing on behalf of the
respondents / State submits that as per Rule 30 of the Rules of
1996, the petitioner is liable to pay lease rent which is a condition
precedent for grant of quarry lease or renewal of the lease. Rule
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30(1)(a) of the Rules of 1996 sp
