OLPHERT PVT LTD Vs. TRILOKI NATH AGRAWAL

JUDGEMENT

(1.) The disputes in these appeals, relates to mining lease for extraction of red oxide of iron ore over an area of 147.35 acres situated at Village Jauli in Tehsil Sihore, District Jabalpur. The mining lease dated 31st July, 1951 was in favour of the appellant-Orpherts Private Limited. The term of the lease came to an end with effect from 31st July, 1981. The appellant had applied for renewal though not before 12 months calculated from the date of the expiry of the mining lease. Renewal was not granted by the state Government. The appellant preferred a revision before the central Government which was allowed by order dated 16th November, 1987 directing the State Government to pass a speaking order on merits disposing of the appellant's application for renewal. As the State Government failed to dispose of the application, the appellant filed a writ petition in the High Court of Madhya pradesh at Jabalpur. Vide order dated 20th December, 1996 passed in Writ Petition No. 4499/1996, the learned Single Judge of the high Court directed the State Government to dispose of the appellant's application consistently with the directions made by the Central Government within a period of thirty days from the date of the order. However, on 27th July, 1984, the State government had notified the entire area of 147.35 acres as available for new mining lease after 30 days of the publication of the notification in the Government Gazette. Pursuant to the said notification, 61 applications were made to the State Government.

(2.) On 22nd January, 1997, two orders came to be passed : One, calling upon the appellant to rectify certain defects in the application for renewal, and the other, rejecting all the 61 applications praying for grant of mining lease by way of fresh grant. It appears that the State Government was inclined to go ahead with renewal of the appellant's mining lease. On 6th february, 1997 the Additional Collector (Mineral Branch) , Katni, sent a communication to the Regional Forest Office, Katni wherein it is stated that the State Government had taken decision to sanction the renewal over revenue land to the appellant leaving aside the forest land. This communication also stated that out of 147.35 acres of land only 6.70 acres was available for operation as mining lease and the rest was forest area as to which mining activity was not permissible in view of the Forest Conservation act, 1980.

(3.) Some of the applicants for fresh grant filed an application before the High court of Madhya Pradesh seeking recall of the order of the learned Single Judge dated 20th December, 1996 on the ground that the writ petitioner had made a concealment of material facts and had successfully persuaded the Court into passing an order which the writ petitioner did not deserve. On 1st May, 1998 the learned Single Judge passed an order recalling the order dated 20th December, 1996. The learned Single Judge not only directed the writ petition filed by the appellant to be dismissed but also imposed exemplary costs of Rs. 10,000/- on him payable to the state Government. The learned Single Judge further directed the appellant to be prosecuted, over and above, the recovery of the amount of compensation, royalty and other dues on the assumption that the appellant had been guilty of illegally and unauthorisedly extracting minerals from the said land. The order dated 20th december, 1996 was put in issue by the appellant by filing Letters patent Appeal which has been directed to be dismissed on 16th february, 2001. A review of the order was sought for but the review application too was dismissed on 14th March, 2001. The aforesaid orders dated 16th February, 2001 and 14th March, 2001 are impugned in these two appeals by special leave.