DAL CHAND SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Short question raised in this petition is what is the effect of amendment in Section 30 of the Mines and Minerals (Regulation and Development) Act, 1957 which has been brought into effect w.e.f. 25-1-1994, by excluding the jurisdiction of Central Govt. to entertain revision in respect of Minor Mineral, in respect of such petitions which are already pending on the commencement of amending Ordinance.

(2.) The petitioner was granted lease for a period of 10 years commencing from 4-7-1980 and ending on 3-7-1990. Before the expiry of the lease the petitioner applied for renewal of the lease on 19-12-1989. The renewal application was rejected by the State Govt. on 17-12-1990. The petitioner also filed representation which was also replied on 9-4-1992. Thereafter, the petitioner filed a revision petition before the Central Govt. under Section 30 of the Act on 27-4-1992, the Central Govt. entertained the revision petition and passed the interim order in favour of the petitioner, on 25-1-1994 by the Mines and Minerals (Regulation and Development) Amendment Ordinance No. 2 of the 1994 published in the Gazette of India Extraordinary dated 25-1-1994 certain amendments were made in the Act of 1957. For the present purposes by Section 11 of the Ordinance Section 30 of the Principal Act was amended by inserting the following words at the end of the existing provision:- "with respect to any mineral other than a minor mineral".

(3.) Before the amendment, Section 30 of the Act of 1957 reads as under:-