DISTRICT COLLECTOR PUDUKKOTTAI Vs. SELVI INDUSTRIES

JUDGEMENT

(1.) THE point that arises for consideration in this appeal is, whether on deletion of R. 8A of the Tamil Nadu Minor Mineral Concession Rules, 1959 (hereinafter referred to as the Rules) and the introduction of R. 8 by the Notification dated 19th August, 1988, the lease granted under R. 8-A, as it stood prior to 19th August, 1988, can be renewed under R. 9 of the Rules.

(2.) FACTS necessary for the purpose of deciding this question are no more in dispute. They are as follows:? The respondent was granted a lease for a period often years in the year 1973 to quarry the minor minerals viz, granite for crushing into jelly, in an area of 11.91 acres comprised in S. No. 183/1, Melur village, Pudukkottai District, on priority basis, under R. 8-A of the Rules then in existence. The said lease was renewed for a period of five years in the year 1982. It was again renewed in 1987 for a further period of five years. The period of second renewal was also over in 1992. In all, the respondent had the mining lease for a period of 20 years. R. 8-A of the Rules, as it stood, when the lease was granted to the respondent, and was renewed on two occasions as stated above, was as follows:?

(3.) THE respondent herein made an application for renewal of the lease after the new Rules came into force. THE application was rejected. It filed writ petition No. 8026 of 1992 which was disposed of on 29.7.1992 with the following direction:?