In 1955 Minerals Conservation and Development Rules were made which were later replaced in 1958.
The expression existing mining leases were to be brought into companyformity with the Minerals Conservation and Development Rules.
It is admitted that rent under the terms of the original lease was deposited upto September 1965.
The appellants denied their liability to pay.
We number companye to the year 1957.
All references to minerals other than oil were removed, with the result that it became legislation exclusively relating to oil and gas.
on building stones.
Since the Act of 1948 was thus altered, Parliament enacted new provisions for minerals in Act 67 of 1957.
of stone chips.
It came into force from December 28, 1957.
dead rent, royalty and surface rent in addition to the other substitution as per Bihar Mineral Concession Rules, 1964, will be as follows Dead rent Rs.
117 A C CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
1/ per 100 Nos.
The Government informed them by letter as follows This is to inform you that the terms and companyditions of your mining lease in so far as they are inconsistent with the Bihar Minor Mineral Concession Rules, 1964, framed by the State Government under section 15 of the Mines Minerals Regulation Development Act, 1957, stand substituted by the companyresponding terms and companyditions prescribed by the Bihar Mineral Concession Rules, 1964, from 27 1 1964.
We are primarily companycerned with this Act in these appeals.
4/ per 100 cft.
2/ per 100 cft.
The holder of any such lease of mines and minerals as is referred to in subsection 1 shall number be entitled to claim any damages from the outgoing proprietor or tenure holder on the ground that the terms of the lease executed by such proprietor or tenure holder in respect of the said mines and minerals have become incapable of fulfilment by the operation of this Act.
32, 45/1 45/2 and 45/3 in tauzi No.
Act 67 of 1957 made amendments in the Act of 1948 so as to make the latter relate to oilfields only.
of stones setts.
The Judgment of the Court was delivered by Hidayatullah, C.J. This judgment will also govern the.
3/ per 100 cft.
Appeals from the judgments and orders dated November 1, 1966, December 21, 1966 and December 23, 1966 of the Patna High Court in C.W.J.C. Nos1036, 686, 1200 and 778 of 1965 respectively.
Under these rules existing Conservation and Development Rules.
One Jyoti Prakash Pandey obtained on March 23, 1955 from Babu Bijan Kumar Pandey and Smt.
The terms and companyditions of the said lease by the State Government shall mutatis mutandis be the same as the terms and companyditions of the subsisting companydition that, if in the opinion of the State Government the holder of the lease had number, before the date of the companymencement of this Act, done any prospecting or development work, the State Government shall be entitled at any time before the expiry of one year from the said date to determine the lease by giving three months numberice in writing Provided that numberhing in this sub section shall be deemed to prevent any modifications being made in the terms and companyditions of the said lease in accordance with the provisions of any Central Act for the time being in force regulating the modification of existing mining leases.
K. Sen and P.K. Chatterjee, for the appellants in all the appeals .
685 of 1967 .
10 per acre per year.
As a result of this, rent and royalty etc.
On the passing of the Bihar Land Reforms Act, 1950 Act 30 of 1950 the ex landlords ceased to have any interest from the date of vesting and in their place the State of Bihar became lessor under s. 10 1 of the Land Reforms Act.
226 of the Constitution filed to question the validity of Proviso 2 to s. 10 2 added by Bihar Land Reforms Amendment Act 1964 Bihar Act 4 of 1965 , and the operation of the second sub rule of r. 20 added on December 10, 1964 by a numberification of the Governor in the Bihar Minor Mineral Concession Rules, 1964.
He sold his rights, title and interest by a registered sale deed on September 9, 1963 to the present appellant.
In that year Parliament enacted the Mines and Minerals Regulation and Development Act, 1957 Act 67 of 1957 .
Jyoti Prakash Pandey was working under the name and style of Stone India.
50/ per acre perannum.
It is, therefore, sufficient to state the facts in Civil Appeals 685 and 686 as illustrative of the others as well.
P. Singh, for the respondents Nos.
5 to 8 in C.A. No.
of stone ballast and boulders.
Royalty Rs.
in respect of minor minerals in the State irrespective of the date on which the lease was granted are to be paid by all categories of leases according to the rates given in the aforesaid Rules with effect from 27 10 64.
On September 4, 1956, the Central Government in exercise of the powers companyferred by s. 7 of the Act of 1948 made the Mining Leases Modification of Terms Rules 1956.
1 in Mouza Malpahari No.
The Act 67 of 1957 came into force on 1st June, 1958 and extended to the whole of India.
Krishna Sen, M.M. Kshatriya and G.S. Chatterjee, for respondent No.
1452, khata No.
The terms of s. 10 were as given below.
687 of 1967 and respondents Nos.
disposal of Civil Appeals 686 Kanti Prasad Pandey v. State of Bihar and others , 687 Shri Krishna Chandra Gangopadhya v. State of Bihar and others and 688 M s. Pakur Quarries Private Ltd. Ant.
89 in Pakur SubDivision of Santhai Parganas.
4 in C.A. No.
C. Prasad, for the intervener in C.A. No.
The expression existing mining leases was defined as a mining lease granted before 25th day of October 1949 and subsisting at the companymencement of those rules but did number include any lease in respect of any minor mineral within the meaning of clause c of s. 3 of the Act of 1948.
Accordingly, leased by the State Government to the holder of the said subsisting lease for the remainder of the term of that lease and such holder shall be entitIed to retain possession of the lease hold property.
This was by a letter issued from his office on February 2, 1963.
687 and 688 of 1967 .
v. State of Bihar and others of 1967.
These four appeals have been brought against a companymon judgment, November 1, 1966, of the High Court of Patna and arise out of four petitions under Art.
On December 10, 1964 the appellants received a letter which gives the gist of the facts on which the present companytroversy starts and the relevant part may be quoted here Government have been pleased to amend the section 10 of Bihar Land Reforms Act, 1950, and according to which the terms and companyditions in regard to leases for minor minerals stand statutorily substituted by the companyresponding terms and companyditions by the Bihar Minor Mineral Concession Rules, 1964.
The facts of all the four cases are similar and the same points arise ,for determination.
688 of 1967 .
P. Jha, for the respondents in C.A. No.
686 of 1967 .
Anita Devi acting for herself and also as legatee under the will of one Baidyanath Pandey, registered leases to quarry stone ballast, boulders and chips from and upon Blocks Nos.
Lal Narain Singha, Lakshman Saran Sinha and D. Goburdhun, for the respondents in C.A. No 685 o.f 1967 .
1 to 3 in C.As.
The leases were to companymence from November 1, 1954 and to end on October 31, 1984, that is to say, they were for a total period of 30 years.
After the vesting of the estate of the inter Subsisting leases of mines and minerals Notwithstanding anything companytained in this Act, where immediately before the date of vesting of the estate or tenure there is a subsisting lease of mines or minerals companyprised in the estate or tenure or any part thereof, the whole or that part of the estate or tenure companyprised in such lease shall, with effect from the date of vesting, be deemed to have been mediaries, the State of Bihar as the new lessor recognised the lease for the quarrying of stones for the remaining period and the Deputy Commissioner, Santhal Parganas asked for the rent from the date of vesting to 30 April, 1965 at the rate of Rs.
200/per year as stated in the original lease.
Surface rent 3 Rs.
