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1999 (5) TMI 598

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..... ion petition and confirming the order of the State of Haryana dated 27.4.84 terminating the mining lease granted to the appellant on 8.7.81. The respondent was granted mining lease on 8.7.81 in respect of major minerals. This was underneath while on the surface, minor mineral lease was granted to one Mr. R.L. Sharma. A joint inspection of the leased area by the Director of Mines is said to have revealed various irregularities. A show cause notice was issued to the respondent on 10.3.83 under rule 27(5) of the Mineral Concession Rules, 1960 (hereinafter called the `Rules') and the respondent was directed to remedy the breaches in 60 days. The respondent replied on 9.5.83. The Department filed a complaint which ended in a Conviction on 13 .....

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..... 985 in the interregnum and his lease was being renewed. He has filed this appeal contending that the respondent was guilty of severe breaches, that the order of the State Government and the Central Government was right and that the orders of the learned Single Judge and Division Bench are wrong. Elaborate arguments were addressed before us by the learned senior counsel for the appellant Sri P.P.Rao and Sri M.S.Ganesh and for the respondent, by learned senior counsel Dr. L.M.Singhvi and for the State of Haryana by Mr. Prem Malhotra. It may be stated that the State of Haryana had filed a special leave petition against the order of the High Court but withdrew the same. In the view we had taken during the course of the arguments, we told learne .....

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..... otice of the various facts taken into account in the orders of State Government cancelling the lease and in the order of the Central Government revision. We are of the view that it is necessary that a fresh show cause notice be issued by the revisional authority, the Central Government to the respondent giving the facts which are set out in the order of cancellation of lease dated 27.4.84 and as set out in the order of the Central Government dated 24.11.84 and which have been relied upon against the respondent. The said show cause notice will therefore be issued to the respondent within six weeks from today by the Central Government. In view of the fact that the appellant is in possession under a lease granted on 31.10.85 and renewed therea .....

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