Case Note & Summary
The petitioners, Shantilal Khushaldas & Brothers Pvt. Ltd. and its director Mukesh M. Saglani, filed a writ petition challenging an order dated 05.11.2013 passed by the Director of Mines and Geology (DMG) and a revisional order dated 25.03.2015 by the Ministry of Mines. The petitioners sought directions to withdraw the impugned orders and to grant a first renewal of their mining lease (TC No.44/1951) for iron ore mining in Goa. The mining concession was originally granted by the Portuguese government and later converted into a mining lease under the Goa, Daman and Diu Mining Concession (Abolition and Declaration) as Mining Leases Act, 1987. The lease period expired on 22.11.2007. The petitioners applied for renewal on 21.11.2007, but the DMG rejected the application on 05.11.2013, and the revisional authority upheld the rejection on 25.03.2015. The petitioners argued that under Section 8A of the Mines and Minerals (Development and Regulation) Act, 1957, the lease should be deemed extended till 31.03.2020. The court examined the provisions and found that Section 8A provides for extension only if a renewal application is made and the lease is not expired. Since the renewal application was rejected and the lease had already expired, no deemed extension applied. The court dismissed the petition, upholding the impugned orders.
Headnote
A) Mining Law - Lease Renewal - Deemed Extension - Section 8A of Mines and Minerals (Development and Regulation) Act, 1957 - The petitioner's mining concession was converted into a mining lease under the Goa, Daman and Diu Mining Concession (Abolition and Declaration) as Mining Leases Act, 1987. The lease period expired on 22.11.2007. The petitioner applied for renewal on 21.11.2007, but the application was rejected. The court held that the lease did not automatically extend under Section 8A as the renewal application was not granted and the lease had already expired. The impugned orders were upheld. (Paras 1-10) B) Mining Law - Revisional Authority - Scope of Revision - Section 30 of Mines and Minerals (Development and Regulation) Act, 1957 - The revisional authority upheld the rejection of renewal. The court found no error in the revisional order as the lease had expired and no renewal was granted. (Paras 11-15)
Issue of Consideration
Whether the petitioner's mining lease stood extended till 31.03.2020 under Section 8A of the Mines and Minerals (Development and Regulation) Act, 1957, and whether the impugned orders rejecting renewal were valid.
Final Decision
The writ petition is dismissed. The impugned orders dated 05.11.2013 and 25.03.2015 are upheld. No order as to costs.
Law Points
- Mining lease renewal
- Section 8A Mines and Minerals (Development and Regulation) Act
- 1957
- deemed extension
- concession converted to lease
- Goa Daman and Diu Mining Concession (Abolition and Declaration) as Mining Leases Act 1987
- limitation for renewal application
- expiry of lease period
