NIRMAL KUMAR PRADEEP KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. Whether statutory extension of tease for a period of one year in terms of Sub-rule (6) of Rule 24-A of the Mineral Concession Rules, 1960 is applicable in relation to a mining lease granted within the reserved forest or not, is the question involved in this writ application.

(2.) The fact of the matter lies in a narrow compass. A mining lease over an area of 149.73430 hectares of land situated in village Tatiba in the Karapampda Reserve Forest within Saranda Forest Division was originally granted to M/s. Ratan Lal Surajmal by a deed of lease dated 28-7-1953 for a period of 20 years. The said lease was transferred in favour of M/s. Ratan Lai Tarachand by a registered deed dated 16-2-1970. The aforementioned lease was renewed for a period of ten years by the State Government in terms of its letter dated 10-8-1978. The said period was again extended for a further period of 10 years by the State Government in term of its letter dated 16-11-1979.

(3.) The petitioner purchased the aforementioned lease hold area after obtaining sanction of the State of Bihar by a registered deed of sale dated 4-5-1987. The petitioner, thus, became the mining lessee in relation to the area in question.