DHANYA KUMAR JAIN Vs. COLLECTOR AND OTHERS

JUDGEMENT

(1.) The petitioners obtained lease deeds from the State-of U. P. under the provisions of the U. P. Minor Minerals (Concession) Rules, 1963, for three years in some and five years in some other cases. By these lease deeds the petitioners were authorised to extract certain minor minerals from specified areas of lands. The lease deeds fixed the dead rent payable by the lessees per year. It also provided that the lessees would be liable to pay the dead rent or the prescribed royalty whichever is higher for every year.

(2.) By a notification published in the U. P. Gazette dated 15th Sept. 1976 these 1963 rules were amended in certain respects. The Second Schedule which prescribed the scale of fee to be fixed for the leases was amended. The existing and the amended Schedule reads as follows:- <FRM>JUDGEMENT_91_LAWS(ALL)8_1979.html</FRM> It is apparent that for different areas of land the minimum as well as the maximum was considerably increased.

(3.) The respondents took the position that with effect from 15th Sept. 1976 the lessees were liable to pay dead rent at the enhanced rates. They appear to have fixed the maximum prescribed by the amended Schedule and made demands. On failure of the lessees to deposit the demanded amounts, they initiated recovery proceedings for the amounts as arrears of land revenue. Aggrieved, the petitioners have come to this Court. The petitioners grievance is that there has been really no fixation of dead rent in their cases after the coming into force of the amendment on 15th Sept. 1976. In the next place the provisions of the rules in enhancing the liability of the lessees to pay the enhanced amounts have not been followed.