Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mines and Minerals |
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 - Transfer of - If original lessee surrenders leased area to forest department of the State Government indicating that notice of determination of lease is given as required under the terms of mining lease deed and lease would expire after 12 months or any time earlier if permitted and lease deed book is surrendered and payment of arrears of mining lease is also made then subsequently permission to original lessee to transfer its mining lease to the first respondent was wrongly allowed by the State Government- There was no scope for the lessee to resile from the said surrender and contend that it still had a right to transact the said licence for any other purpose including for effecting any transfer in favour of anyone - Mines and mineral being national wealth, dealing with the same as the largesse of the State by way of grant of lease or in the form of any other right in favour of any party can only be resorted to strictly in accordance with the provisions governing disposal of such largesse and couldnot have been resorted to as has been done by the State Government and the Director of Mines and Geology of theState of Karnataka - Such a conduct of the State and its authorities highly condemnable - Forest (Conservation) Act,1980-s.2- Mineral Concession Rules-r.9(1)-Forest Act, 1980.Mineral Concession Rules: r.27 - Whether the act of surrender in order to become complete should have been accepted by the State - Held: Acceptance by the State thoughnot a statutory requirement, the provisions contained in the mining lease, in particular, Part VIII paragraphs 4 and 5 impliedly require such acceptance - Pursuant to the act of surrender, delivery of possession is not mandatory required u/r.27(2)(1) of the Rules.Mineral Concession Rules: r.27 - Whether the act of surrender in order to become complete should have been accepted by the State - Held: Acceptance by the State though not a statutory requirement, the provisions contained in themining lease, in particular, Part VIII paragraphs 4 and 5impliedly require such acceptance - Pursuant to the act ofsurrender, delivery of possession is not mandatory requiredu/r.27(2)(1) of the Rules.Forest Act, 1980: s. 2 - Mining lease - Renewal of lease- Requirement of prior approval of Central Government atthe time of renewal as prescribed in s.2 of Forest Act not takenby Mls.Dalmia - By virtue of Godavarman , the Director ofo Mines and Geology directed Mls.Dalmia to stop all miningactivities - The said order was complied by Mls.Dalmia -Based on the subsequent judgment of Godavarman II, theMOEF granted conditional in-principle (Stage-I) approval forrenewal of Mis. Da/mia's mining lease over 201.50 hectaresE of forest land out of 331. 50 hectares - Violation of conditionsof in-principle stage-/ approval - Held: The violation hadoccurred at the time of order of first renewal itself striking atthe root of the validity of lease as it was void at that very stageitself for non-compliance of the prior approval uls.2 of the Forest Act and on blatant refusal to comply with the conditionsimposed in the in-principle first stage approval granted -Therefore, mining lease which was held by Mis Dalmiabecame void and inoperative for violation of the mandatoryrequirements of the conditions.. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2015 INSC 209 |
Petitioner | M/s. Muneer Enterprises |
Respondent | M/s Ramgad Minerals And Mining Ltd. & Ors. |
SCR | [2015] 6 S.C.R. 551 |
Judgement Date | 2015-03-12 |
Case Number | 2818 |
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