SUBODH GOPAL BOSE Vs. MINES TRIBUNAL

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution to quash the order dated the 23rd February, 1965, (Annexure F.), passed by the Mines Tribunal (hereinafter referred to as "the Tribunal") appointed under Section 12 of the Bihar Land Reforms Act, 1950 (Bihar Act 30 of 1950) (hereinafter referred to as "the Act") and for other consequential reliefs.

(2.) The petitioner was the former proprietor of an estate known as Kuchwar Mahal, bearing tauzi No. 10742, in the Subdivision of Sasaram of Shahabad District. Within the said estate the petitioner was carrying on the operation of quarrying limestone for several years, ever since he acquired the estate by purchase on the 30th September, 1933. Sometime in 1938 iron pyrites were discovered within the said property, and after giving notice to the appropriate authority under Section 14 of the Indian Mines Act, 1923, on the 2nd April, 1940, the petitioner began mining and developing the pyrites ores also. The entire tauzi vested in the State of Bihar under the provisions of the Act on the 27th October, 1953. But Section 9 of the Act conferred some rights on the ex-proprietor in respect of those mines which were in operation at the commencement of the Act and were being worked directly by the intermediary. I may quote Section 9 in full:

(3.) On the 5th February, 1954, and the 24th May, 1954, the petitioner himself applied to the Collector of Shahabad for formal execution of a, lease for the purpose of giving him the benefit of Section 9 of the Act. He claimed that he was entitled to lease in respect of 1258 acres of land used as limestone quarry and at least 10 square miles for pyrites mines. His claim was partially supported by the Additional Collector of Shahabad, but the Government of Bihar in their (Annexure C-1) informed the Collector of Shahabad that they were willing to recognise the petitioner as a statutory lessee only in respect of 2.26 acres for iron pyrites and 118.06 acres for limestone under Section 9 of the Act. Apart from thus fixing the area of the lease for purposes of that Section, the said G. O. contained the terms and conditions of the lease as regards the period, the surface rent, dead rent, royalty and other conditions as regards the employment of qualified engineers, etc. The Government directed the Collector to see that necessary draft leases were executed and sent to them for approval at an early date, A copy of this letter of the Government was communicated to the petitioner by the Deputy Collector in charge. Shahabad, (Annexure C), on the 28th December, 1959, and he was requested "to get the lease executed immediately" in accordance with the terms and conditions offered by the Government The petitioner thereupon submitted a lengthy representation, dated the 4th/7th January, 1960, (Annexure D), protesting against the abnormally low area that was offered for lease, reiterating his original claim as regards the area actually being worked by him in respect of the said two minerals, namely, limestone and pyrites. In the last paragraph of that representation he made the following prayer: