SUBODH GOPAL BOSE Vs. MINES TRIBUNAL

JUDGEMENT

(1.) Subodh Gopal Bose, the petitioner in these civil writ jurisdiction cases, purchased an estate known as Kuchwar Mahal, bearing tauzi No. 10742, in the sub-division of Sasaram, within the district of Shahabad (now Rahtas). by a registered sale deed dated 30th of September, 1933, from Kuchwar Lime and Stone Company Limited and thus became proprietor of that estate. The area of the entire mahal was about 26952 bighas. The Bihar Legislature passed the Bihar Land Reforms Act, 1950 (hereinafter referred to as 'the Act') which came into force on 25th of September, 1950. The Kuchwa Mahal estate of the petitioner vested in the State of Bihar under the provisions of the Act, Admittedly the petitioner was an intermediary in relation to the said estate within the meaning of the term as denned in the Act. The estate contained some mines of limestone at (1) Bharuhi, (21 Banjari and (3) Hathni Uiani and iron pyrites at (4) Amjhore.

(2.) According to provisions of Section 9 (1) of the Act, with effect from the date of vesting all such mines comprised in the estate or tenure as were in operation at the commencement of the Act and were being worked directly by the intermediary notwithstanding anything contained in the Act are deemed to have been leased by the State Government to the intermediary and he is entitled to retain possession of those mines as a lessee thereof. Section 9 (2) of the Act provides that the terms and conditions of the lease under Sub-section (1) by the State Government shall be such as may be agreed upon between the State Government and the intermediary or in the absence of agreement, as may be settled by a Mines Tribunal appointed under Section 12 of the Act. There is also a proviso to this sub-section which says that all such terms and conditions shall be in accordance with the provisions of any Central Act for the time being in force regulating the grant of new mining leases. It appears that according to the State Government, the petitioner was entitled to a lease of only 118.06 acres of limestone mines at Bharuhi, Baniari and Hathni Utani and 2.26 acres of iron pyrites at Amihore, but the claim of the petitioner was that he had become the statutory lessee of the entire area of the Kuchwar Mahal. On account of this difference as to the extent of property to be leased out and perhaps also differences as to the other terms of the lease regarding period of the lease, royalty, dead rent etc., a Mines Tribunal (respondent No. 1) consisting of the District Judge of Gaya as Chairman (respondent No. 4) and Dr. R. P. Sinha, Director of Mines and Geology as the Member was constituted in the year 1960. Dr. R. P. Sinha relinquished charge of his office on 30th of June, 1964 and in his place Shri L.D. Sinha, who was then Chief Mining Officer and subsequently became Director of Mines, was appointed as the Member (respondent No. 5) of the Tribunal. The Tribunal added the Pyrites and Chemicals Development Company Ltd. (now the Pyrites, Phosphets and Chemicals Ltd.), respondent No. 3 to the writ applications, as a party to the proceeding pending before it. This order was passed on an application of respondent No. 3 on the ground that it had taken lease of portions of Amjhore mines from the State of Bihar, respondent No. 2. The order was challenged by the petitioner before this Court by a writ application which was dismissed in limine.

(3.) The Tribunal heard the parties at length and thereafter on 31st of May, 1971, the Chairman as well as the member pronounced separate decisions. The decision of the Member, respondent No. 5 consists of two parts. Both parts are signed separately by the Member on 31st of May, 1971 itself. In the earlier part of his decision, which runs into several pages, the Member has differed from the Chairman on almost every matter which was before them. If the decision of the Chairman and this part of the decision of the member are considered together, it will appear that they have agreed only on two matters, namely, that the petitioner was not entitled to any lease of any area of Hathni Utani limestone mines and as to the royalties to be payable by the petitioner to respondent No. 2 in respect of mines leased out to him. After having signed this part of his decision, the Member has added a post script of four paragraphs of about 250 words in all, stating that he was in agreement with the Chairman on all the matters except with regard to extent of limestone mines at Bharuhi and Baniari to be leased out to the petitioner. This part of the decision of the Member does not give any separate reasons. By a separate order of the same date, the Chairman and the member of the Tribunal made a reference to this Court in accordance with Sub-section (4) of Section 12 of the Act of the matter as to the extent of limestone mines at Bharuhi and Banfari to be leased out to the petitioner. The decision of award of the Chairman has been made annexure 11 to the writ petition No. 1214 of 1971 and that of the Member as annexure 12 to it.