STARKE AND COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the order of the central government dated 1/11/1980 rejecting the appellant's revision Petition filed under S. 30 of the Mines and Minerals (Regulation and Development) Act, 1957.

(2.) After hearing learned counsel for the parties we are of the opinion that this appeal deserves to be allowed. Delhi Administration rejected the petitioner's application for renewal of the mining lease by its Order dated 14/4/1980. The appellant filed Revision Application before the central government against the order of the Delhi Administration. The central government forwarded the copy of the Revision Application to the Delhi Administration for obtaining its comment. After receipt of the comment from the Delhi Administration the central government failed to give opportunity to the appellant to submit its counter comment on the comments received from the Delhi Administration as required by Rule 55 (2) of the Mineral Concession Rules, 1960. The purpose and object of Rule 55 (2) is to afford an opportunity to an applicant to meet the points which may have been raised in the comments submitted by the government. Since the appellant was not given any opportunity to submit his counter comments on the comments submitted by the Delhi Administration the order of Central government stands vitiated. We accordingly allow the appeal, set aside the order of the central government for giving decision afresh in accordance with law. There will be no order as to costs.

(3.) It was stated before us that the land in dispute has been acquired by the Delhi Development Authority. The central government may hear the Delhi Development Authority also before disposing of the appellant's Revision Application. The central government is directed to decide the appellant's Revision Petition within three months.