M/S A-ONE GRANITES versus STATE OF U.P. AND ORS.

M/S A-ONE GRANITES versus STATE OF U.P. AND ORS.

Rule 72 applies to re-grant of leases for the area regardless of previous chapter; granting lease without following Rule 72 is invalid and contrary to transparency and legislative intent.

Parties
Appellant: M/S A-ONE GRANITES; Respondent: State of U.P.; Respondent: Respondent No. 4
Jurisdiction
India
Judgment Date
16 February 2001
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal partly allowed
Legal Topics
Interpretation of Statutes, Mining Lease Procedures, Transparency in Grant of Mining Leases
Mineral Law Administrative Law Interpretation of Statutes Mining Lease Procedures Transparency in Grant of Mining Leases

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Parties

M/S A-ONE GRANITES

Appellant

State of U.P.

Respondent

Respondent No. 4

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Applicability of Rule 72 of U.P. Minor Minerals (Concession) Rules, 1963 to re-grant of mining lease after transfer of area from Chapter IV to Chapter II
  2. 2 Whether lease granted to appellant without following Rule 72 is valid
  3. 3 Whether District Magistrate should consider respondent's application submitted pursuant to an earlier notice

Ratio Decidendi

Rule 72 applies to re-grant of leases for the area regardless of previous chapter; granting lease without following Rule 72 is invalid and contrary to transparency and legislative intent.

Court Disposition

Appeal partly allowed

Orders

  • Lease sanctioned in favour of the appellant quashed
  • High Court's direction to consider respondent's application dated 4.7.1995 set aside