AVTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner challenges the revisional order on the Central Government dated 24-11-1984 passed under S. 30 of the Mines & Minerals (Regulation & Development) Act, 1957 (hereinafter referred to as the Act) read with Rule 54 of the Mineral Concession Rules, 1960 (Annexure P-l) and order of review dated June 3, 1985 (Annexure P-2) whereby the order of cancellation of lease dated 27-4-1984 (Annexure P-14) has been upheld.

(2.) The petitioner was granted a lease of an area of 684 kanals and 6 marlas in village Palli, Taluk Ballabhgarh in the State of Haryana for extraction of Silica Sand for a period of 10 years effective from 8-7-1981 to 7-7-1991. In pursuance of the Order dated 3-7-1981, the petitioner entered into a lease agreement with respondent No. 2 which incorporated by reproduction the terms which are mentioned in R. 27 of the Mineral Concession Rules. 1960 (hereinafter referred to as "The Rules I960"). In the aforesaid lease agreement, special condition was also incorporated to the effect that the lessee of minor mineral will work the mine first and the petitioner shall start work only after the lessee for minor minerals has finished his operations. The area leased to the petitioner was co-extensively lease in favour of Shri R. L. Sharma for extraction of ordinary sand termed as "Minor Mineral". The petitioner was, thus, put in a restrictive condition to the effect that he would not interfere with the mining operation of Shri R. L. Sharma for extracting of the said minor mineral according to Condition 6(a) inserted in the lease deed. According to the petitioner, the officers/offcials of the respondent/Department from the very beginning adopted a hostile and arbitratry attitude towards him and started harassing him inasmuch as he was issued a show cause notice on 10-3-1983 (Annexure P-12) under R. 27(5) of the Rules framed by the Central Government in exercise of its power under S. 13 of the Act for determination of lease. According to the Show Cause Notice, an inspection was carried out on 22-3-1992 jointly by the Director General Mines Safety and the General Manager, District Industries Centre, Faridabad, Government of Haryana and it was found that the depth of pits found in the mine was more than 36 meters and the sides were vertical and there was dangerous over-hanging. Helmets and foot-wears were not provided to the workers nor arrangement of drinking water and first aid were made at the mine sites. The qualified personnel were also not appointed as required under the Rules. The petitioner in accordance with the Rules was asked to remedy the aforesaid breaches and comply with the terms and conditions of lease within sixty days of the receipts of the Notice.

(3.) On 9-5-1983, vide Annexure P-13 the petitioner replied to the show cause notice and submitted that the boundary marks had been erected but these were unfortunately demolished by the miscreants. But the petitioner had repaired the boundary marks. According to the petitioner there were no dangerous pits on the leased area and that he had made necessary arrangements for the first aid and drinking water supply at the mine site. Furthermore, the petitioner categorically denied that there had been any joint inspection as referred to in the show cause notice or was he informed about it.