RAMSWAROOP CHATURVEDI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard counsel for the parties on admission.

(2.) It is not in dispute that the agreement as executed by the petitioner is for the remainder auction period upto 31-3-2015. The petitioner, however, whilst executing the agreement registered protest and executed the agreement without prejudice on the assertion that the petitioner was entitled for minimum 2 years of tenure and not the remainder tenure upto 31-3-2015. The Authorities have not acceded to that request. As a result, the petitioner has approached this Court for direction against the Collector to allow the petitioner to avail of full tenure of 2 years of sand mining and therefore to extend lease agreement till 1-2-2017.

(3.) According to the petitioner, as per the mandate of Rule 7, the lease agreement for grant of trade quarry cannot be for less than 2 years' tenure from the date of taking over possession. For that the petitioner is relying on Rule 7 of the M.P. Minor Mineral Rules, 1996 (for brevity "Rules of 1996") and drawing analogy from Rule 22 of the Rules of 1996. Rule 7 of the Rules of 1996 reads thus:--