MAHARASHTRA ELEKTROSMELT LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE mining lease for iron on over 515 -00 acres (= 321 -89 hectares) in village Lohara in Bramhapuri Tahsil of Chandrapur district was originally granted to M/s. SICOM vide Government order dated 31.10.1974 for 20 years. The lease was executed on 17.6.1975. The lease was subsequently transferred in favour of the petitioner by an agreement dated 6.1.1977. However, possession of the land under lease was not delivered at the time of execution of the agreement. The Collector, Chandrapur, wrote a letter to the petitioner on 15/18.1.1977 (Annexure C) in respect of two mining leases; one regarding Lohara (referred supra) and another regarding Lohara mine, both situated in Bramhapuri Tahsil of Chandrapur district, asking the petitioner to make necessary arrangement for taking over possession of the lands under leases immediately. The Collector also directed the Tahsildar, Bramhapuri, and the Divisional Forest Officer (East) Chanda Division, to hand over possession of the lands under leases to the petitioner. It may be clarified here that in the present petition we are concerned with the mining lease of Lohara only. However, in spite of the letter of the Collector, Chandrapur the petitioner did not get possession of the Lohara mine.

(2.) AS the petitioner did not get possession of the Lohara mine they wrote to the Divisional Forest Officer, Chandrapur, vide letter dated 1.7.1977 to hand over possession of the Lohara mine. Since there was no response, the petitioner sent a reminder on 4.3.1977 to the Divisional Forest Officer requesting him to deliver possession of the Lohara mine. The Divisional Forest Officer vide letter dated 26.9.1977 requested the Conservator of Forests, Chandrapur to move the Chief Conservator of Forests for issuing instructions in the matter as the party concerned was pressing hard. The petitioner also wrote to the Chief Conservator of Forests, Pune vide letter dated 6.10.1977 to help them to get possession of the Lohara mine immediately. Two reminders dated 29.10.1977 and 9.11.1977 were also sent by the petitioner to the Chief Conservator of Forests, Pune, in this behalf. The Chief Conservator of Forests vide letter dated 7.11.1977 informed the petitioner that the matter has been referred to the Government in Revenue and Forests Department and the orders were awaited. On 1.10.1981 the petitioner again wrote to the Joint Secretary to Government of Maharashtra, Bombay, to take urgent steps in the matter of delivery of possession of Lohara mine.

(3.) MR . Modak appearing on behalf of the petitioner has argued that since the possession of the land comprising of Lohara mine has not been handed over to the petitioner, the Collector is not entitled to recover anything by way of dead rent. The petitioner has done everything on its part to get possession of the land under lease from the respondents, but without any success inspite of its best efforts and hence it could not be held liable for the dead rent. According to Mr. Modak, the petitioner would be liable for the dead rent only in the event of any fault on its part in carrying on the mining operations after the receipt of the possession of the land.