TARAMATI AGRAWAL Vs. STATE OF M P

JUDGEMENT

(1.) This petition relates to refusal of renewal of lease for major minerals for a period of 20 years prayed for by the petitioner, in respect of mining lease granted to her.

(2.) Brief facts relevant to the petition are that the petitioner is engaged in the business of mines and minerals. She was granted a mining lease by the Government of Madhya Pradesh for extraction of dolomite and soap stone as major minerals over an area of 4.178 Hectares situated in village Keolari, Tahsil Gotegaon. District Narsinghpur for a period of 5 years from 3-12-1984 to 2-12-1989. It is contended by the petitioner that during the continuation of the mining lease, she established her own industry for manufacturing of marble chips, dolomite powder, marble sheets, tile size minor and finished marble in the name of M/s. Tara Minerals. According to the petitioner, the minerals extracted from the subject mine were being used in her own aforesaid industry. The petitioner applied for renewal of mining lease on 21-11-1989 under Rule 24-A of Mineral Concession Rules 1960, for a period of 20 years. It is stated that the State Government vide order dated 21-2-1992, contained in Annexure-'D' granted renewal of the said lease merely for a period of 5 years. This order is under challenge on the ground that the same is non-speaking and contrary to Rule 26 of Mineral Concession Rules, 1960. A revision petition preferred against the said order was also dismissed on 11 -4-1994 vide Annexure-'F'.

(3.) Respondents submitted its return and denied the claim of the petitioner. It is stated in the return that the grant of renewal is a discretion which has been rightly exercised by the authorities. It is further stated that no renewal could be made for a period of 20 years and the impugned orders do not call for any interference.