TMI Blog2001 (8) TMI 1411X X X X Extracts X X X X X X X X Extracts X X X X ..... plots Nos. 2,3 and 5 in Morwad area and for certain other incidental reliefs. The High Court dismissed the said writ petition in view of its earlier decision in D.B. Civil Writ Petition No. 865 of 1995. Hence these appeals. 2. The facts leading to the writ petition are that the appellant filed an application on 2.12.1993 under Rule 5 of the Rules in the prescribed form before the Mining Engineer, Department of Mines Geology for grant of mining lease in respect of marble which is a minor mineral for a period of 10 years in respect of delineated plots Nos. 2,3 and 5. The Mining Engineer forwarded the said application to the Director of Mines Geology stating that the dead rent of the area applied for by the appellant comes to No. 1,25, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be reckoned from the date of coming into force of the Rules made by the State Government; Strong reliance is placed on the decision of this Court in O.K. Trivedi Sons and Ors. v. State of Gujarat and Ors. 1986 Supp. SCC 20. 4. The High Court, however, adverted to the scheme of the Act discussed in the decision on which reliance is placed and it is on this basis that the writ petition was disposed of. The High Court in the earlier case held that the Government is empowered to revise the rate of dead rent after every five years from the date of grant of the lease, but that would not exceed the maximum limit specified in Second Schedule to the Act. There is a similar Full Bench decision of the Rajasthan High Court in Shri Krishna Murar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e being. It is only when he gets the lease in respect of land the question of fixing dead rent would arise. In the present case, what has happened is that after the Marble Policy was framed in 1994, all pending application stood rejected and fresh applications had to be made. The application of the appellant, if at all, could only be treated as pending at the time when the marble policy came into force. It is certainly open to the respondents to frame appropriate policy in regard to the minerals in which they can dispose of the rights in relation to the minor mineral. Therefore, our conclusion should be that the stage at which the dead rent has to be fixed in the case of this nature has not arisen and, therefore, we shall not engage ourselv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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