TMI Blog1998 (9) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... f Bihar, [1970]2SCR100 , wherein Hidayatullah, C.J., while dealing with the matter, has been pleased to observe as follows: Although these supplementary arguments were raised, it is obvious that they can arise according as the two main arguments are allowed or disallowed. Therefore, it is necessary to address ourselves to the first argument that the legislative competence to enact the amendment to Section 10 of the Reforms Act was wanting. As the amendment was made after Act 67 of 1957, we have to consider the position in relation to it. Entry 54 of the Union List speaks both of Regulation of Minerals Development and Entry 23 is subject to Entry 54. It is open to Parliament to declare that it is expedient in the public interest that the control should rest in Central Government. To what extent such a declaration can go, is for Parliament to determine and this must be commensurate with public interest. Once this declaration is made and the extent laid down, the subject of legislation to the extent laid down becomes an exclusive subject for legislation by Parliament. Any legislation by the State after such declaration and trenching upon the field disclosed in the declaratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assistant Director of Mines and Geology of the District concerned in whose jurisdiction the area fells. Such deposits would be refunded to the unsuccessful applicants and in respect of the applicants in whose favour the quarry lease is granted the same would be adjusted towards the dead rent or seigniorage fee. (b) The applications for grant of quarry lease for granite shall be disposed of by the Director in the order of their receipt. Whenever more than one application are received on the same day, the Director, with the approval of the Government shall grant lease to the deserving applicant on merits to be recorded in writing: Provided that the Director may grant a quarry lease to an applicant whose application is received later in preference to earlier application with the prior approval of the Government for any special reasons to be recorded in writing; Provided further that the Director shall examine and get himself satisfied, about the capacity of the applicant's financial status and the genuineness in setting up of the unit for granite useful for cutting and polishing before grant of lease. (c) Applications for grant of quarry leases ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . A plain reading of the sub-rule as above indicates that the entire thrust of Legislature is one the Director, who alone has been noted to be competent for the purposes of grant of the leases and none else. The sub-rule is clear and categorical to that effect. It is also to be noted that these Rules do not speak of any Special Officer acting over and above the Director. The Director is the person authorised under the Rules to take appropriate steps for grant and cancellation of licence. A close look to Rule 11(2) makes the position clear enough to indicate the authority and jurisdiction of the Director. 6. At this juncture, however, it would be convenient to briefly advert to the contextual facts. This writ appeal is directed against the order of a learned single Judge wherein the Memorandum issued by the Officer on Special Duty has been declared as valid. 7. The instant writ petition has been filed for issuance of a writ of mandamus declaring the Memorandum issued by the Officer on Special Duty as unconstitutional and to direct the third respondent to consider the quarry lease applications of the petitioners. 8. The Principal grievance of the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has power to make laws. In our view, however, considering the contextual facts, Article 162 does not have any relevance, neither the said Article can be said to have any application in the facts of the matter under consideration. 12. During the course of submissions, the learned advocate appearing for the State further contended that as a matter of fact the State Government has constituted a Board and the latter has already formulated and recommended a policy and the same is awaiting finalisation by the Cabinet. The learned advocate submitted that in all probability, within a few weeks, the said new policy would be operative. We are, however, not expressing any opinion in regard thereto, suffice it however to record that Law Courts would be rather slow and loath to rely upon policies which are yet to see the light of the day and it is on this perspective we are unable to record our concurrence with the observations of the learned single Judge, as recorded in paragraph 19 of the judgment under appeal to the effect: In my considered opinion, the applications received for grant of quarry lease may be kept pending by the Director pending the formulation of new poli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of conferment of a duty onto a particular officer, there is, therefore, an obligation to deal with the matter with utmost expedition. Delay is not contemplated and the question of there being no time limit being the guiding factor for the Director to dispose of the application does not and cannot arise and it is in this perspective also direction to keep the applications pending, as has contained in paragraph 19 of the judgment under appeal cannot be termed to be a proper appreciation of the matter in issue. We are unable to record Our concurrence to the observations of the learned single Judge that it is not a situation warranting interference of this Court for issuance of any writ. Incidentally, be it recorded that this Court has not been informed, during the course of hearing, of any time limit for declaration of a new comprehensive policy in the near future, as such we need not detain ourselves in that perspective. 15. In the premises, the order of the learned single Judge thus cannot be sustained and is therefore set aside and quashed. 16. The appeal is allowed accordingly. No order as to costs. 17. After this order has been pronounced in open Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
