ZUBAIR Vs. STATE OF MADHYA PRADESH AND ORS.

JUDGEMENT

(1.) CLAIMING that respondent No. 3 without authority has refused to grant approval and permission for grant of mining lease, this writ petition has been filed in the year 2004.

(2.) EVEN though the matter was pending for more than 11 years, till date respondents have not filed any reply. However, considering the fact that a very short question is involved in the matter and for deciding the legal question involved, reply of the respondents is not necessary, with the consent of the parties, we proceed to decide the matter on merit.

(3.) IT is a case of the petitioner that petitioner had applied for prospecting licence in accordance to Rule 22 -D vide application dated 18.9.2002 Annexure P/5. Petitioner applied for mining lease in the year 2003. However, now it is said that respondent contend that mining lease cannot be approved in view of the provisions of Section 22 -D of the Mineral Concession Rules, 1960. According to the petitioner, the restriction in Rule 22 -D came into force by amendment subsequent to the filing of application by the petitioner much before 10.4.2003. It is said that the amended provisions of the Rule which came into force w.e.f. 10.4.2003 will not be applicable in the case of the petitioner because the application by the petitioner was submitted for grant of mining lease much before the said date of 10.4.2003. In sum and substance, it was the case of the petitioner that refusal of grant of mining lease, now in view of amended provisions of Rule 22 -D of the Mineral Concession Rules, is not permissible for a simple reason that the application of the petitioner was filed much before the said amendment came into force. Accordingly, petitioner wants this Court to hold that as petitioner's application was submitted prior to amendment to Rule 22 -D, the application has to be processed in accordance to the provisions of law, as was applicable at the time when the application was submitted and not as per the provisions which came into force when the application was taken up for consideration.