DHARAMBIR SINGH versus UNION OF INDIA AND ORS.

DHARAMBIR SINGH versus UNION OF INDIA AND ORS.

No applicant, regardless of discovery or timing of application, has a right—much less a vested right—to the grant of a mining lease; the grant is at the State Government's discretion, subject to statutory requirements. The Tribunal and High Court correctly held the State's refusal legal.

Source-derived case information.

Parties
Petitioner: DHARAMBIR SINGH; Respondent: UNION OF INDIA AND ORS.
Jurisdiction
India
Judgment Date
19 September 1996
Procedural Posture
Special Leave Petition (civil) / Supreme Court Dismissal of SLP From Punjab & Haryana High Court Judgment Dated 9.7.1996 in C.w.p. No. 9624 of 1996
Outcome
Special leave petition dismissed.
Legal Topics
Preferential Right in Grant of Mining Lease, Discretion of State Government Under Mines & Minerals (regulation & Development) Act, 1957
Mining Law Administrative Law Preferential Right in Grant of Mining Lease Discretion of State Government Under Mines & Minerals (regulation & Development) Act, 1957

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

DHARAMBIR SINGH

Petitioner

UNION OF INDIA AND ORS.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Dismissal of SLP From Punjab & Haryana High Court Judgment Dated 9.7.1996 in C.w.p. No. 9624 of 1996

Legal Issues

  1. 1 Whether applicant had a preferential/vested right to mining lease having discovered minerals and made application under Section 11 of the Mines & Minerals (Regulation & Development) Act, 1957
  2. 2 Whether State Government's discretion to grant or refuse mining/prospecting licence was absolute or limited

Ratio Decidendi

No applicant, regardless of discovery or timing of application, has a right—much less a vested right—to the grant of a mining lease; the grant is at the State Government's discretion, subject to statutory requirements. The Tribunal and High Court correctly held the State's refusal legal.

Court Disposition

Special leave petition dismissed.

Orders

  • Petition dismissed.