SHANTI LAL Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) By this writ petition a challenge is given by the petitioner to the order dated 30.12.1992 passed by Government of India exercising powers under Sec. 30 of the Mines and Minerals (Regulation and Development) Act, 1957 read with Rule 55 of the Rajasthan Minor Mineral Concession Rules, 1960 whereby the order passed by the Government of Rajasthan dated 7.12.1988 rejecting the appeal of the petitioner in respect of cancellation of mining lease for mineral 'bajri' in village Banas District Sirohi was upheld.

(2.) The facts in brief are that a mining lease (Direct Working Contract) for mineral 'bajri' was granted to the petitioner for a period of five years w.e.f. 18.3.1968. The first renewal of the mining lease was made in favour of the petitioner for a period of five years w.e.f. 18.3.1973 at fixed dead rent of Rs.1,650.00 per annum. Second renewal of mining lease was also made in favour of the petitioner for a period of ten years w.e.f. 18.3.1978. The petitioner submitted an application on 14.9.1987 for further renewal of mining lease prior to a period of six months from the date of expiry of mining lease i.e., 17.3.1988. There were certain disputes with regard to settlement of dead rent as the same was enhanced by the State Government with retrospective effect. The petitioner deposited the dead rent which was settled initially, however, the enhanced dead rent was not deposited by him as the same was challenged by him as well as by number of other persons by way of filing writ petitions before this Court. The mining lease granted in favour of the petitioner was cancelled by Mining Engineer concerned by an order dated 4.1.1988 as the petitioner failed to deposit the arrears of about Rs.11,671.15 against dead rent.

(3.) The petitioner challenged cancellation of mining lease by order dated. 4.1.1988 by way of filing an appeal before the Government of Rajasthan. The appeal was rejected by the State Government under an order dated 7.12.1988. The validity of order dated 7.12.1988 was challenged by the Petitioner by way of filing a revision petition before the Government of India. the revision petition preferred by the petitioner was also rejected by Government of India by order dated 30.12.1992, hence this writ petition is preferred by the petitioner.