Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Gujarat Minor Mineral Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Forest Conservation Act, 1980 (69 of 1980) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Gujarat Minor Mineral Rules, 1966: Rule 18-Renewal of lease- Lease granted prior to coming into operation of Forest (Conservation) Act, 1980-Renewal whether mandatory. Forest (Conservation) Act, 1980: Pre-existing mining leases Renewal of-Whether could be claimed as a matter of right. Interpretation of statutes-Interpretation must sub-serve and help implement intention of Act. Expression 'may' when not construed as - 'shall' Constitution of India:· Article 141-Precedent-Ratio of a decision to be understood in the background of facts of the case. Sub-clause (b)(i) of rule 18 of Gujarat Minor Mineral Rules, 1966, which were framed under Act 67 of 1957, provides that the lease for all minerals specified in sub-clause (i) of clause (a) may be renewed by the competent officer for one or more periods not exceeding ten years at one time. Section 2 of the Forest (Conservation) Act, 1980, brought into force on 25th October, 1980 provides that notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing (i) dereservation of reserved forest, and (ii) the use of forest land for non-forest purposes. The appellants had been granted leases for quarrying minor minerals prior to the coming into operation of the 1980 Act. Their applications for renewal of leases under r.18 of the Rules were rejected by the competent authority on the ground that the lands fell under the reserved forests which were governed by the 1980 Act. Their revision applications failed, and the High Court also rejected the writ petitions filed by them. In the appeals by special leave, it was contended for the appellants that the conditions precedent for the operation or the Act were not existing, that there was no question of extending for non-forest purposes forest lands, since their's were existing quarry leases in areas which were at the relevant time dereserved forests, that they had not committed any breach or the terms or grant nor there were any other factors disentitling them to such renewal, that the "words 'may be renewed' in r.18(h)(i) should be read as 'shall be renewed', and so read they make it incumbent on the Government to renew the lease if the lessee so desired, and as they had invested large sums or money in mining operations a duty was cast on the authorities to exercise the power granting permission in a manner that they ·could receive full benefit of their investments.For the respondents it was contended that after the coming into operation of 1980 Act there was no question or renewal of the leases because it had prevented renewal or lease without the approval of the Central Government. |
Judge | Honble Mr. Justice Sabyasachi Mukherjee |
Neutral Citation | 1986 INSC 267 |
Petitioner | Ambica Quarry Works & Anr. |
Respondent | State Of Gujarat & Ors. |
SCR | [1987] 1 S.C.R. 562 |
Judgement Date | 1986-12-11 |
Case Number | 4250 |
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