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...was not legally tenable. According to him the renewal of a mining lease must be evidenced by the execution of a deed evidencing renewal, or a fresh mining lease, and such a document must ...appellants should have sought the assistance of the court and ought to have moved the court claiming a relief against the promisor for execution of a document evidencing renewal of the lease. That...the end relief which could not be asked for without first asking for a declaration that the lease deed stood renewed on mere exercise of option without the execution of an indenture evidencing renewal...
...Rule 24-A(6) of the Mineral Concession Rules, 1960 (for short “the MCR”) and 16 mining leases were operating since lease deeds for grant of renewal had been executed in their favour. The remaining 26...to operate since they had lease deeds executed in their favour. With regard to the remaining 26 mining leases operating on second and subsequent renewal applications, this Court drew attention to the..., 1960 [Mineral Concession Rules, 1960] which provides for deemed extension of lease. Application for renewal of mining lease is not decided for one or other pretexts, may be, there is lack of...
..., from 4.4.2000 the second renewal mining lease was granted in favour of the Petitioner for another period of 20 years over an area of 37.868 hectares of non-forest land. But before execution of the...lease deed, the Collector vide his letter dated 18.12.2002 intimated the Secretary, Steal & Mines Department to allow for execution of the renewal mining lease deed taking into consideration the DLC...renewal grant order, it was made clear that the mining lease was granted in respect of the reduced area over 37.868 hectors of non-forest land in village Banspani. On 27.6.2002, the Deputy Director of Mines...
...shall be at liberty to take action also against the officer(s) responsible for passing of the order of renewal of the mining lease of the petitioner and execution of the deed of lease in his favour...respondent no. 2 is not the competent authority. The learned Advocate General also does not dispute this position of law.25. There cannot be any doubt that if renewal of the mining lease...(hereinafter referred to for the sake of brevity as ‘the said Act’).2. The fact of the matter is not in dispute. The petitioner was granted a mining lease on 15.10.1976 in plot no. 1605...
...stamped paper and the rest on unstamped paper) strictly in accordance with the approved draft Renewal mining lease deed and ten plans (three on tracing cloth and rest on blue print paper together with necessary heading and ...referred to hereinabove. It is also clear from the said memo that the draft renewal mining lease was duly approved by the Government along with the Xerox copies of the duly rated composite sketch map. The only step left for...communicated to the appellant/writ petitioner the approval of the draft renewal mining lease deed by the Government. The contents of the said memo are set out hereunder:- "With reference...
...-section 1 of section 15 of the Mines and Minerals (Regulation and Development) Act, 1957. Chapter-II of said Rules deals with the grant of mining lease of minerals.
8. Rule 5 provides for application for g...operation as his mining lease had expired. The petitioner had applied for extension of period of his renewed mining lease, as the petitioner could not carry out mining operation w.e.f. 27.1.2004 to 18.8.20...Yogesh Chandra Gupta, J.; --
The short question that arises for consideration in this petition is whether on renewal of mining lease, the term of renewed mining lease...
...execution of a deed for renewal of the lease.
02. The facts of the case in short are under:-
2.1. The petitioner was having a mining lease..., royalty and rent are liable to be paid before execution of mining lease agreement / renewal. Hence, the writ petition is liable to be dismissed.
05. Shri Dalal...vide application dated 16.05.2018 to the Mining Brach of Collectorate, District - Ujjain. A decision has been taken for renewal of the lease for the area admeasuring 3.600 hectares for the period of 10...
...out of the death of the applicant either when the mining lease application is pending or its renewal is pending or execution of the mining lease deed is pending. It has not dealt with the pending...months from the last expiry date for execution of lease deed. Accordingly, upon satisfactorily complying with all statutory requirements and other related formalities, a mining lease has been executed on...applications.
Rule 25-A dealt with the status of the grant on the death of applicant for mining lease. It was spelt out that where an applicant for grant or renewal of mining lease dies b...
...with the contingency arising out of the death of the applicant either when the mining lease application is pending or its renewal is pending or execution of the mining lease deed is pending. It ha...grant or renewal of mining lease dies before the order granting him a mining lease or its renewal is passed the application for the grant or renewal of a mining lease sh...Geology, Nizamabad to submit proposals on the transfer of mining lease application after obtaining the consent from the legal heir and the present mining lease holder for taking further action in the...
...prescribed time limit may be treated as further period allowed to the grantee under Rule 31(1) of the Mineral Concession Rule, 1960 for the purpose of execution. But the renewal of Mining Lease should be...that in the interests of mineral developments it is necessary so to do, it may, for reasons to be recorded, authorize the renewal of a mining lease for a further period or periods not exceeding in...respect of the mining lease for Block-A of Thakurani Mines has been abandoned and they seek renewal of mining lease in respect of Block-B alone.
10. The affidavit dated...
...Lordships observed that if the only step required for renewal of the mining lease deed was execution thereof, then Rule 61 of 2016 would not be a bar and the renewal could not have been kept pending and...filed a writ petition bearing W.P.24271(W) of 2014 and prayed for execution of the mining lease in respect of plot nos. 2272(P), 2269(P), 2603 of Mouza Kunjapur, J.L. No. 112.8. By an...running in this district after execution of final lease deed with the lessees offering highest bid e-Auction process. No sand block in the district has been allowed to run without e-Auction process...
...instant case as the order for renewal of mining lease had already been passed. He next submitted that the execution of the mining lease was merely a formality and therefore the respondents were bo...for renewal of mining lease was rejected and the order dated 26-5-1987, contained in Annexure-2 and 28-7-1987, contained in Annexure-8, passed by respondent-Mines Commissioner, affirming the aforesaid...application on 22-7-1985 for renewal of the lease. Upon the said application for renewal, the petitioner was informed by the respondent-Assistant Mining Officer under this letter dated 22-11-1985 that...
...license and mining lease and renewal, the stamp duty should be charged at the rate of 11 % of the total amount of dead rent, security amount, transfer fee and other miscellaneous expenses...the rate of 11 % with reference to the amount of dead rent, security amount, transfer fee and miscellaneous expenses in both the cases i.e in the case of grant/renewal of mining lease and transfer of...registration fee and penalty of Rs. 1,00,000/-; thus, a total sum of Rs. 23,71,465/- was found recoverable from petitioner.2. Briefly stated facts of the case are that a mining lease for...
...of execution of the agreement for renewal of the mining lease for a period of three years, by submission of the mining plan, bank guarantee and on-line
Page 4 of 17...the Secretary, Mining Department. The Revisional Authority vide order dated 19.06.2014 condoned the delay of 178 days and directed that the proceedings for renewal of quarry lease be initiated...
renewal of the lease positively. It may also be noted that though the mining plan submitted by the petitioner was approved by the Geologist on...
...which a mining lease is granted shall be the date on which the mining lease deed is executed under sub-rule (1) in case mining lease is granted under rule 9(1) and the l...of one month from the date of auction.25. Execution of/ease.—(1) Where a mining lease is granted under rule 9(1), or mining lease renewed under rule 22 the formal lease shall be...was issued to the petitioners on five points and regarding point no. 5, i.e, non-execution of the lease deed within 90 days as per Rule 25 of the BMMC Rules, 1972 the...
...Concession Rules, 1960 (hereinafter to be referred to as the ‘MCR Rules’) for the period prior to the execution of renewed mining lease in the case of second and subsequent renewal. Thereafter the...respect to the reduced area subject to the payment of demand earlier raised vide order dt. 31.12.2014 The petitioner, thereafter, repeatedly requested for renewal of its mining lease but the State raised...renewal of its mining lease before expiry and continued its operation on the ground of deemed renewal in terms of Rule 24A(6) of the MCR, 1960. The first change in the situation was made after the...
...and Mineral Concessions Rule 1960 and subject to compliance of all the required formalities and erections of pucca boundary pillars before execution of Renewal Mining Lease. After execution, four...
dated 17thDecember, 1968 passed by the Central Government and further to grant renewal of the mining lease in question for a period of 30 years...the interests of mineral developments it is necessary so to do, it may, for reasons to be recorded, authorize the renewal of a mining lease for a further period or periods not exceeding in each case...
...). And thirdly, on the ground that the government already issued orders lapsing the said mining lease with effect from 9 - 2 - 1988 under rule 28 (i) of the rules for non - working of the mine since ..."
.
Lime stone was not specified in the first schedule to the act at that time and therefore as per the said clause 3 the renewal of the mining lease is at the option of the...of mining lease and renewal of mining lease. The mineral concession rules, 1960 (hereinafter referred to as 'the rules') were first made by the central government on 11 - 11 - 1960 in exercise of its...
...there was automatic renewal after the original term expired on mere exercise of option by the appellant was not legally tenable. According to him the renewal of a mining lease must be evidenced by the ...claiming a relief against the promisor for execution of a document evidencing renewal of the lease. That should have been done within a period of 3 years from the date on which the promisor rejected the...renewed on mere exercise of option without the execution of an indenture evidencing renewal of the lease. Only in such a renewed lease a negative covenant could have been incorporated which could have...
...Rule 24A(6) of Mineral Concession Rules,1960 (hereinafter to be referred to as the 'MCR Rules') for the period prior to the execution of renewed mining lease in the case of...renewal of its mining lease but the State raised demand of Rs.421.83 Crore and stopped from issuing forwarding note for dispatch of iron ore to its Steel Plant. Thereafter the petitioner made payment of...renewal of the lease to 31.03.2030, in turn it is an automatic extension or can be said to be auto renewal without any hindrance, as such there is no question of any demand of penalty for illegal mining as...