KALYAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE question which calls for our answer, in this writ petition, is whether a lease granted by the Government for the extraction of mineral, lime stone in this case, from the Government land, the ownership of which land changed during the period of lease to private persons, can be extended, after the expiry of the lease under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 read with Mineral Concession Rules, 1960. Undisputed facts.

(2.) THE Petitioners are the residents of village Shiva Rudana in Tehsil Paonta Sahib of District Sirmaur. They are joint owners of the common/shamlat land which measures 2123 bighas 15 biswas situate in Shiva Rudana Estate. In fact the villagers of village Shiva Rudana are admittedly proprietors of the shamlat land. The land owners of the estate pay land revenue for the shamlat Village Common Land to the State Government. This Shamlat land has not been partitioned amongst its various co owners. There are rich deposits of high grade lime stone in the shamlat land.

(3.) OUT of 100 bighas of land, leased to the respondent No. 4, 84.15 bighas consist of "Shamlat land" which though earlier was owned by the land owners of Shiva Rudana estate jointly but vested in the State Government under the "1974 Act". The remaining 15.5 bighas of land is owned by individual owners. However, by an amendment Act of 2001, the proprietary rights in the Village Common Land earlier vested in the State Government were re vested with the land owners of village Shiva Rudana. In consequence, the State Government restored the ownership and possession of "Shamlat land" of Shiva Rudana Estate to the original owners by mutation No. 877 attested on May 21, 2004.