SUPREME COURT OF INDIA
T.S. THAKUR,SUDHANSU JYOTI MUKHOPADHAYA
M.P. STATE MINING CORPORATION LTD. – Appellant
Versus
SANJEEV BHASKAR . – Respondent
C.A. No.-004950-004950 / 2013
02-07-2013
SANTOSH KUMAR TRIPATHIKIRTI RENU MISHRA
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JUDGMENT
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No. 4950 of 2013
(arising out of SLP(C)No.13053 of 2011)
M.P. STATE MINING CORPORATION LTD.
… APPELLANT
Versus
SANJEEV BHASKAR & ORS.
… RESPONDENTS
With
Civil Appeal No. 4951 of 2013
(arising out of SLP(C)No.29421 of 2011)
J U D G M E N T
SUDHANSU JYOTI MUKHOPADHAYA, J.
Leave granted. These two appeals are preferred by
the appellants M.P. State Mining Corporation Ltd.
(hereinafter referred to as the “Mining Corporation”)
and the State of Madhya Pradesh (hereinafter referred
to as the “State”) against the common judgment dated
20th April, 2011 passed by the Division Bench of Delhi
High Court in LPA No. 742 of 2010 with LPA No. 284 of
2011. By its impugned judgment, the Division Bench
dismissed the appeals preferred by the Mining
Corporation and the State with costs quantified at
Rs.25,000/ for each appeal and affirmed the judgment
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JUDGMENT
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dated 21st September, 2010 passed by the learned Single
Judge of Delhi High Court.
2.
The factual matrix of the case is as follows:
The Government of Madhya Pradesh on 3rd November,
1966 granted a mining lease over an area of 28.00 acres
in Village Kari, District Tikamgarh, (M.P.) to one
Rajendra Nath Bhaskar for extraction of Pyrophyllite
and Diaspore minerals under the Mines and Minerals
(Regulation and Development) Act, 1957 (hereinafter
referred to as “the Act, 1957”) read with Mineral
Concession Rules, 1960 (hereinafter referred to as the
“Rules, 1960”) for a period of twenty years commencing
from 3rd November, 1966 to 2nd November, 1986. After
about 13 years, a notice dated 18th September, 1979 was
issued to said Rajendra Nath Bhaskar by the Collector,
Tikamgarh to show cause as to why his mining lease
should not be revoked on the ground of certain breaches
committed by him which were discovered during the
inspection made by the Mining Inspector on 28th May,
1979. Rajendra Nath Bhaskar submitted his reply on 3rd
October, 1979 and denied the alleged breaches.
Thereafter, by an order dated 5th April, 1980,
determination of the lease was done by the State
Government in accordance with the then Rule 27(5) of
the Rules, 1960, on the ground of contravention of
Clause(f) and (g) of subrule (1) of Rule 27 of the
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JUDGMENT
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Rules, 1960. A Revision Application was preferred by
Rajendra Nath Bhaskar to the Central Government under
Rule 54, read with Section 30 of the Act, 1957 which
was ultimately dismissed by an order dated 6th April,
1981.
3.
Being dissatisfied, Rajendra Nath Bhaskar
challenged the order of determination and the order
passed in revision application by filing Misc.
Petition No. 805 of 1981 before the Madhya Pradesh High
Court. The Division Bench of Madhya Pradesh High Court
by its judgment dated 16th July, 1986 held that the
impugned orders did not disclose the aspects which were
taken into account and accordingly set aside the orders
with direction to the State Government to decide afresh
the question of determination of lease in accordance
with law.
4. In the meantime and before the decision of the
Madhya Pradesh High Court, the original lessee,
Rajendra Nath Bhaskar died on 7th September, 1982, but
no application for substitution was filed. The period
of lease also expired on 2nd November, 1986.
Subsequently, the legal heirs, Sanjeev Bhaskar and
others–respondents herein, filed an application on 2nd
September, 1986 before the State Government praying
therein for bringing them on record as the legal heirs
and to permit them to carry out the mining operation
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JUDGM