PREM NATH SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant had under the provisions of Uttar Pradesh Minor Minerals (Concession Rules, 1963 (for short the Rules) on 17th September, 1977, been granted a lease of a plot of land admeasuring 10 acres in Mahoba Tehsil, Hamirpur District. This lease was for a period of ten years and on the basis thereof the appellant set up a granite unit.

(2.) The aforesaid lease was extended from time to time. The tenure of the lease having expired a public notice dated 31st March, 1995 was issued by the District Magistrate, Hamirpur for grant of a fresh lease for the area which was being exploited by the appellant. This notice was published on 2nd April, 1995 and was issued under Rule 72 of the Rules. Rule 72, as it stood at the relevant time, was as under:-

(3.) According to Rule 72(ii), the applications for the grant of a mining lease were to be received within seven days from the specified date. It is common ground that the specified date as per the aforesaid notice was 2nd May, 1995 and applications for the grant of mining lease could be filed between 2nd May, 1995 and 9th May, 1995.