THE STATE OF RAJASTHAN & ORS. versus SHARWAN KUMAR KUMAWAT ETC. ETC

THE STATE OF RAJASTHAN & ORS. versus SHARWAN KUMAR KUMAWAT ETC. ETC

Pending applications for leases of minor minerals do not vest any enforceable right; the State lawfully exercised its rule-making power under Section 15 of the 1957 Act to amend the Rajasthan Minor Mineral Concession Rules, 1986 (including introduction of auction and rejection of pending applications), legitimate...

Source-derived case information.

Parties
Appellant: The State of Rajasthan & Ors.; Respondent: Sharwan Kumar Kumawat etc. etc.
Jurisdiction
India
Judgment Date
01 August 2023
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of the Rajasthan High Court, Jaipur Bench
Outcome
Appeals allowed; impugned High Court judgments set aside
Legal Topics
Vested Rights/preferential Rights, Legitimate Expectation, Rule Making Under Section 15 of the Mines and Minerals (development and Regulation) Act, 1957, Constitutionality of Statutory Rules, Procedure for Grant of Mining Leases, Legal Malice
Mines and Minerals Administrative Law Constitutional Law Vested Rights/preferential Rights Legitimate Expectation Rule Making Under Section 15 of the Mines and Minerals (development and Regulation) Act, 1957 Constitutionality of Statutory Rules Procedure for Grant of Mining Leases +1 more

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Parties

The State of Rajasthan & Ors.

Appellant

Sharwan Kumar Kumawat etc. etc.

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of the Rajasthan High Court, Jaipur Bench

Legal Issues

  1. 1 Constitutionality of rr. 4(10) and 7(3) of the Rajasthan Minor Mineral Concession Rules, 1986
  2. 2 Whether pending applications for mining leases vest any right or preferential right
  3. 3 Whether principle of legitimate expectation or natural justice entitles applicants to renewal/grant despite amendment

Ratio Decidendi

Pending applications for leases of minor minerals do not vest any enforceable right; the State lawfully exercised its rule-making power under Section 15 of the 1957 Act to amend the Rajasthan Minor Mineral Concession Rules, 1986 (including introduction of auction and rejection of pending applications), legitimate expectation and natural justice principles do not prevent such amendments in the public interest, and there was no legal malice in the amendments; therefore the High Court's declaration striking down rr.4(10) and 7(3) was set aside.

Court Disposition

Appeals allowed; impugned High Court judgments set aside

Orders

  • All these appeals are allowed
  • Impugned Division Bench judgments of the Rajasthan High Court dated 08.08.2013 are set aside