B R SURENDRANATH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE admitted facts are, that a mining lease of 150 acres in Tumkur District, Karnataka was granted on 17.05.1976 for a period of ten years to one Smt. Kamla Bai predecessor of the appellant; the term of the said mining lease expired on 17.05.1986; application for renewal of the said mining lease was filed only on 28th September, 1993 i.e. after nearly seven years of the expiry of the term of the lease. THE reason given for the delay in applying for renewal was that said Smt. Kamla Bai had suffered paralytic stroke and therefore had become incapacitated since 6/7 years prior to the expiry of the mining lease and could file the application for renewal only on 28th September, 1993. THE said application was rejected by the State Government vide order dated 30.01.2010 holding that the application for renewal filed on 28.09.1993 was invalid and there was no provision under the Rules for condonation of delay if application for renewal was made after expiry of the lease period. Aggrieved therefrom a Statutory Revision was preferred to the Central Government which has also been dismissed vide order dated 28.06.2011 observing that the application for renewal filed after lapse of seven years was in contravention of Rule 24A(1) of the Mineral Concession Rules, 1960 and there was no illegality in the order of the State Government.

(2.) THE learned Single Judge has dismissed W.P.(C) No.8685/2011 preferred by the appellant observing as under:

(3.) THE appellant admittedly did not apply for renewal before the expiry of the lease on 17.05.1986 and as per the law then in force, lost the right of renewal. We are constrained to observe that though the appellant has sought to take advantage of the amendment in the Rules of the year 2000 but has chosen to gloss over the position as prevailing at the time of expiry of the term of the lease in the instant case.