AJIT SINGH versus UNION OF INDIA AND OTHERS

AJIT SINGH versus UNION OF INDIA AND OTHERS

The applications submitted by Respondent No. 5 were premature as the relevant period for lease regrant is calculated from the date of receipt of sanction, not grant, and administrative orders specifying availability for regrant after a notice period are consistent with the rules. Rule 56 is not applicable in cases of revocation under Rule 19(1).

Parties
Appellant: Ajit Singh; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
03 November 1995
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Rajasthan High Court
Outcome
Appeal allowed
Legal Topics
Lease Revocation, Regrant of Mining Lease, Interpretation of Rajasthan Minor Mineral Concession Rules
Mining Law Administrative Law Lease Revocation Regrant of Mining Lease Interpretation of Rajasthan Minor Mineral Concession Rules

Case Brief

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Parties

Ajit Singh

Appellant

Union of India and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Rajasthan High Court

Legal Issues

  1. 1 Whether the relevant date for counting the three months for execution of formal mining lease is the date of receipt of sanction or the date of grant of lease
  2. 2 Whether the applications made by Respondent No. 5 were premature
  3. 3 Whether Rule 56 of the Rajasthan Minor Mineral Concession Rules, 1977 applies in cases of revocation of lease

Ratio Decidendi

The applications submitted by Respondent No. 5 were premature as the relevant period for lease regrant is calculated from the date of receipt of sanction, not grant, and administrative orders specifying availability for regrant after a notice period are consistent with the rules. Rule 56 is not applicable in cases of revocation under Rule 19(1).

Court Disposition

Appeal allowed

Orders

  • The order dated March 18, 1987 passed by the Central Government is set aside.
  • The judgment dated April 4, 1991 passed by the learned Single Judge in Writ Petition No. 1064 of 1987 is set aside.