V. KARNAL DURAI versus THE DISTRICT COLLECTOR, TUTICORIN AND ANR.

V. KARNAL DURAI versus THE DISTRICT COLLECTOR, TUTICORIN AND ANR.

The amended Rule 8(8)(a) applies to appeals pending at the date of amendment because an appeal is a continuation of the application process. Thus, the lease period is to be counted from the execution of the lease deed as per the amended rules, not from the original tender period. The administrative instructions contrary to this are not binding in light of the Supreme Court precedent. The lease amount is also to be enhanced by 40% for the relevant period before the amendment as agreed by counsel, and seigniorage must be paid under amended rules.

Parties
Appellant: V. K. Durai; Respondents: The District Collector, Tuticorin and Anr.
Jurisdiction
India
Judgment Date
01 December 1998
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Division Bench Decision Affirming Single Judge’s Writ Dismissal
Outcome
Appeal allowed
Legal Topics
Quarry Lease Period Calculation, Retrospective Application of Amended Rules, Leases and Public Tenders
Administrative Law Mining Law Quarry Lease Period Calculation Retrospective Application of Amended Rules Leases and Public Tenders

Case Brief

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Parties

V. K. Durai

Appellant

The District Collector, Tuticorin and Anr.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Division Bench Decision Affirming Single Judge’s Writ Dismissal

Legal Issues

  1. 1 Whether the amended Rule 8(8)(a) of the Tamil Nadu Minor Mineral Concession Rules, 1959, applies to an appeal pending at the time of amendment for quarry lease period computation
  2. 2 Whether lease amount and seigniorage fees are to be paid as per amended rules

Ratio Decidendi

The amended Rule 8(8)(a) applies to appeals pending at the date of amendment because an appeal is a continuation of the application process. Thus, the lease period is to be counted from the execution of the lease deed as per the amended rules, not from the original tender period. The administrative instructions contrary to this are not binding in light of the Supreme Court precedent. The lease amount is also to be enhanced by 40% for the relevant period before the amendment as agreed by counsel, and seigniorage must be paid under amended rules.

Court Disposition

Appeal allowed

Orders

  • Judgment of Single Judge and Division Bench set aside.
  • Order of Director of Geology & Mining dated 1.4.1997 modified: lease to run for 3 years from execution date as per amended rule.