JANAK LAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Notice for final disposal of the case was served on the respondents. Heard the learned counsel for the parties. Special leave is granted.

(2.) This case is dependent on the correct meaning and scope of Rule 59 of the Mineral Concession Rules, 1960 (hereinafter referred to as the Rules). A certain area in village Bazargaon, District Nagpur was reserved for Nistar purposes (that is, for grazing of cattle etc.). The respondent No. 4 applied for grant of a mining lease in regard to the said area which was allowed. The appellant, who is a local resident, challenged the allotment on the ground that the procedure for settlement as laid down in Rule 59 read with Rule 58 was not followed before the grant.

(3.) Rule 58 deals with availability of areas for regrant of a mining lease and requires an entry to that effect to be made in a register referred to in R. 21(2) of the Rules, and a notification to be published in the official gazette at least 30 days in advance. The purpose obviously is to enable the members of general public to apply for the proposed lease. Rule 59 directs the procedure in Rule 58 to be followed in the cases mentioned thereunder in the following terms:-