TMI Blog1997 (4) TMI 515X X X X Extracts X X X X X X X X Extracts X X X X ..... ter II or on reserved under Section 17-A of the Act, becomes available for re-grant on mining lease the District officer shall notify the availability of the area through a notice inviting applications for grant of mining lease specifying a date, which shall not be earlier than thirty days from the date of the notice and giving description of such area and a copy of such notice shall be displayed on the Notice Board of his office and shall also be sent to the Tehsildar of such area and the Director. (ii) The application for grant of mining lease under sub-rule (1) shall be received within seven working days from the date specified in the notice referred to in the said sub-rule. If, however, the number of applications received from any area is less than three, If, however, the number of applications received from any area is less than three, the District officer may further extend the period for seven more working days and if even thereafter, the number of applications remains less than three, the District Officer shall notify the availability of the area afresh in accordance with the said sub-rule. (iii) An application for grant of mining lease for such area which is alre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... May , 1995 sanctioning the lease was cancelled and a fresh notice dated 30th May 1995 was issued. This led to the appellant filing a second writ petition No.16886 of 1995 challenging the fresh notice dated 30th May, 1995. it appears that one other applicant, namely, Achintya Kumar Tripathi also filed a writ petition No. 15338 of 1995, seeking a writ of mandamus restraining the respondents from executing a lease in favour of the appellant herein and he also prayed for a restraining the respondents from executing a lease in favour of the appellant here in and he also prayed for a direction to the respondent to grant the mining lease in his favour. The Division Bench of the High Court by common judgment dated 24th April, 1996 dismissed the three writ petitions. It came to the conclusion that the requirement of communicating in the notice that application for grant mining lease under Rule 72 (i) shall be received within seven working days from the date specified in the notice was mandatory . In view of the fact a that this was not specified, therefore, the notice dated 31st March, 1995 had not been issued in accordance with the provisions of Rule 72 and, consequently, respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied afresh. In our opinion, while mentioning of the dates within which the applications may be filed may be desirable but non mentioning of the same will not in any way invalidate the said notice. Reading the rule as a whole it is only the specified date which has to be stated in the notice, Reading the rule as whole it is only the specified date which has to be stated in the notice, which cannot be earlier than thirty days of the notice, and the date on being so notified sub-rule (ii) of Rule 9 clearly stipulates the period within which the applications can be filed, that period being of seven days. The High Court, in our opinion, was therefore, 1995 to be bad because of the non- specification of the seven days period within which the applications could be filed. There is, however, one other reason why no relief could have been granted to the appellant. As we have already noted by notice dated 31st March, 1995 the specified date was 2nd May, 1995. On that day itself nine applications were filed. According to sub-rule (ii) of 72 applications could be filed during a period of seven days, i.e., by 9th May, 1995. The District Magistrate did not, however , wait and by order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se application was received later in preference to an applicant whose application was received earlier. (3) In respect of mining lease for excavation.......... Sub-rule (1) of Rule 9 states that where two or more persons apply for a mining lease in respect of the same land, then the application received earlier shall have a preferential right for the grant of lease over an applicant whose application was received later. But this is subject to the provisions of sub-rule (2) and sub-rule (3) of Rule 9, to which we will presently refer. The proviso to sub-rule (1) deals with a situation where two or more persons apply for a mining lease in respect of the same land on the same day. In such a case the state Government had to take into consideration the matters specified in the said proviso before deciding as to whom the lease is to be granted. In the present case nine applications were received on 2nd May, 1995. Including that of the appellant. In those circumstances the state Government was required to act in accordance with the provisions of proviso to sub-rule (1) of Rule 9 and presumably, it took into consideration the factors mentioned therein while deciding on 6th May ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld have been pursuaded to grant a mining lease. A provision like sub-rule (2) of Rule 9 had necessarily to be incorporated so that the application of the most deserving applicant was not rejected merely because the applications of the other applicants were received earlier. For example if in the instant case for reasons beyond its control, the appellant had not been able to file the application for the grant of the mining lease on the very first date itself, i.e., 2nd May, 1995, when eight other applications were received but had filed its application say on 3rd may, 1995 then his application being later in point of time, would not have been considered but for the provisions contained in sub-rule (2) of Rule 9. This sub rule , in such an eventuality would have enabled the applicant to satisfy the State Government that for special reasons preference should be given to his application and the mining lease granted notwithstanding that eight other persons had applied earlier. The opportunity granted by Rule 72 (ii) to prospective applicants to apply for a mining lease was denied when within four days of the receipt of the application the District Magistrate on 6th May, 1995 took a deci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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