SULEKHAN SINGH & CO. & ORS. versus STATE OF U.P. & ORS.

SULEKHAN SINGH & CO. & ORS. versus STATE OF U.P. & ORS.

Pending applications for grant/renewal of mining leases as on 31.05.2012 do not confer vested rights; such applications must be decided under rules as prevailing at disposal date. G.O. dated 31.05.2012 providing for grant of mining lease by e-tendering under Chapter IV applies to all minerals, including 'Building...

Source-derived case information.

Parties
Appellant: Sulekhan Singh & Co. & Ors.; Respondent: State of U.P. & Ors.
Jurisdiction
India
Judgment Date
04 January 2016
Procedural Posture
Civil Appeal / Final Judgment on Appeals Against High Court Order
Outcome
Appeals dismissed
Legal Topics
Minor Minerals Concession, Mining Leases, Auction of Government Resources, Transparency in Public Administration, Article 14 Non Arbitrariness, Vested Rights, Public Policy
Natural Resources Mining Law Administrative Law Constitutional Law Minor Minerals Concession Mining Leases Auction of Government Resources Transparency in Public Administration +3 more

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Parties

Sulekhan Singh & Co. & Ors.

Appellant

State of U.P. & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeals Against High Court Order

Legal Issues

  1. 1 Whether mining leases granted in violation of Government Order dated 31.05.2012 were valid
  2. 2 Whether pending applications prior to 31.05.2012 created vested rights to be considered under prior regime

Ratio Decidendi

Pending applications for grant/renewal of mining leases as on 31.05.2012 do not confer vested rights; such applications must be decided under rules as prevailing at disposal date. G.O. dated 31.05.2012 providing for grant of mining lease by e-tendering under Chapter IV applies to all minerals, including 'Building Stone', and overrides prior procedures. Any lease granted in violation of the G.O. is invalid.

Court Disposition

Appeals dismissed

Orders

  • Interim order permitting operation of mining leases vacated.
  • State to assess and recover pecuniary advantage taken by appellants under interim order.