SERAJUDDIN AND CO Vs. UNION OF INDIA

JUDGEMENT

(1.) THE subject -matter of challenge in this writ petition is an order dated 13.11.2001 passed by the Central Government -opposite party No. 1 on the revision application filed by Shri Ganapati Raj Jain - O.P. No. 4. By the said order, opposite party No. 1 quashed the renewal of the petitioner's mining lease for iron ore over an area of 335.896 hectares which is about 830 acres and by the same order opposite party No. 1 directed the State Government to grant the mining lease for iron ore over an area of 60.70 hectares in favour of opposite party No. 4.

(2.) THE material facts of the case are as follows: Way back in 1955, the petitioner applied for the grant of mining lease for manganese ore over an area of 830 acres for Balda Block in Keonjhar district for a period of 20 years. On such application, the State Government on or about 16.11.1956 granted mining lease to the petitioner for 20 years for the aforesaid area. Then the mining lease for manganese ore was executed in favour of the petitioner for a period of 20 years from 3.12.1957 and the same was valid up to 3.12.1977. During the validity period of the said lease the petitioner applied on 2.9.1958 for mining lease for iron ore for 30 years in respect of the same area and the State Government on 15.11.1960 granted a separate mining lease in respect of iron ore in favour of the petitioner for the period up to 3.12.1977. Thereafter, sometime on 17th August, 1973 the petitioner gave a written notice of 12 calendar months to the State Government for surrender of its mining lease for Manganese ore only in terms of paragraph -4 of part -VIII of the lease deed to the extent that the said lease would stand surrendered and would be absolutely determined after 12 calendar months as the petitioner found that there is no reserve for manganese ore in the said area.

(3.) THE petitioner on 25.11.1976 applied to the State Government for renewal of lease for iron ore over the entire area of 830.00 acres as the same was to expire on 3.12.1977. However, as the application filed by opposite party No. 4 on 25.1.1976 for manganese lease was not disposed of by the State Government within a period of 12 months, it treated the same to be a deemed refusal and opposite party No. 4 field a revision petition before the Central Government against such deemed refusal. The Central Government on 29.3.1977 passed an order directing the State Government to pass a final order on the application of opposite party No. 4 within 100 days from the date of the order. As the State Government failed to dispose of the said application of opposite party No. 4 within a period of 100 days, opposite party No. 4 filed a second revision application before the Central Government under Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter called the 'said Act') read with Rule 54 of the Mineral Concession Rules, 1960 (hereinafter called the 'said Rules').