Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mines and Minerals Mining lease |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Mines and Minerals:Mining lease - Granted for a period of 20 years - Butafter a period of 14 years; State Government determined thelease - The determination challenged by Jessee - Duringpendency of the petition, death of lessee - Legal heirs notsubstituted - Subsequently High Court set aside the order ofthe Government - After 14 years from the death and 10 yearsfrom the order of High Court, legal heirs of the Jessee filedapplication for substitution and sought permission for miningoperation for the remaining period - State Governmentdenied the same and granted lease in favour of MiningCorporation - High Court held that the legal heirs of Jesseewere entitled to extension of lease and grant of lease in favourof Mining Corporation was wrong - Held: Legal heirs of thelessee were neither entitled to continue the original lease norentitled for renewal thereof - On death of the original lesseehis petition before High Court, abated in absence of anysubstitution petition - Hence, the legal heirs of the Jesseecannot derive advantage of the order of High Court wherebythe order determining lease of the original lessee was setaside, as the order was inadvertently passed in absence ofknowledge of the lessee - Moreover, at the time, when thelessee had died, there was no provision for orders to continuethe application for a mining lease - Mines and Minerals(Regulation and Development) Act, 1957 - MineralConcession Rules, 1960 - r. 25A. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2013 INSC 416 |
Petitioner | M.p. State Mining Corporation Ltd. |
Respondent | Sanjeev Bhaskar & Ors. |
SCR | [2013] 8 S.C.R. 386 |
Judgement Date | 2013-07-02 |
Case Number | 4950 |
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