SERAJUDDIN AND CO Vs. STATE OF ORISSA

JUDGEMENT

(1.) On December 3, 1949. the first respondent invited applications for grant of a mining lease under the Mineral Concession Rules, 1949 (hereafter referred to as the 1949 Rules). These Rules were framed by the Central Government in exercise of powers under Section 5 of the Mines and Minerals (Regulation and Development) Act, 1948 (hereafter referred to as the 1948 Act). Both the Act and the Rules were subsequently replaced by the Mines and Minerals (Regulation and Development) Act, 1957 (hereafter referred to as the 1957 Act) and the Mineral Concession Rules, 1960 thereafter referred to as the 1960 Rules).

(2.) In answer to the invitation, the appellant applied for grant of a mining lease on December 6, 1949, for 93 and odd acres of land in Village Gurda, P. S. Chamakpur, District Keonjhar, Orissa. The appellant's application along with those of others was considered by the first respondent and by an order dated May 16. 1955, the first respondent directed grant of a mining lease in respect of the said area in favour of the appellant. The lease, however, was to be subject to such condition as the first respondent light incorporate in the deed of lease.

(3.) Pursuant to the decision of the first respondent to grant the lease to the appellant, the first respondent offered to make ever possession of the land to the appellant for commencing mining operations, on the basis of yearly licence, upon certain terms and conditions. The appellant accepted the offer and thereupon on July 27, 1955, the first respondent directed possession of the land to be made over to the appellant with permission to carry on mining operations for a year, with an assurance to renew the permission from year 1o year, until finalisation of the lease. Possession was delivered to the appellant on August 13, 1955.