In due companyrse the mining area in question came to form part of the State of Rajasthan.
8/ per acre per annum fixed by the original lease was reduced to Rs.
6/ per acre c. The period of 20 years of the original lease came to an end on August 11, 1961.
Miles by his order dated November 20, 1959.
As per Rule 10 1 a of the said Rules a companypensation of Rs.
Thereupon it filed a suit against the Union of India, respondent number 1 and the State of Rajasthan, respondent number 2 for a decree of in unction to restrain the defendant from charging dead rent at the rate of Rs.
Under section 6 1 of the Act as it stood at the relevant time the area of a mining lease in the case of mica companyld number be more than 10 sq.
The Government of Rajasthan granted the renewal by order dated December 13, 1961 for a period of 20 years with effect from August 12, 1961.
Appeal by Special Leave from the Judgment Order dated the 8th August, 1969 of the Rajasthan High Court in S. B. Civil Second Appeal No.
20/ per hectare which companyes to Rs.
The dismissal was maintained,by the High Court in second appeal.
8/ per acre per annum and for a declaration that they are entitled to charge only at the rate of Rs.
1960hereinafter called the Rules.
Girish Chandra, for Respondent No.
miles and its maximum period companyld number exceed 20 years as provided in section 8.
The appellant challenged the order of the Government of Rajasthan by filing a revision before the Central Government in accordance with Rule 54 of the Rules.
The appellant applied to the Government of Rajas than for renewal of its lease for another 20 years.
This was done in accordance with Rule 28 of the Mineral Concession Rules.,
miles.
6/ per acre.
But the revision was dismissed.
8/ per acre.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In exercise of this power and in accordance with the Mining leases Modifications of Terms Rules, 1956 the Controller of Mica Leases, Nagpur, reduced the mining area ,of the appellant lease to 10 sq.
10/ only was fixed by agreement between the parties for reduction of the area, and by the, same order the dead rent at the rate of Rs.
The facts of the case lie in a narrow companypass and may usefully be stated at the outset.
The Mines and Minerals Regulation and Development Act, 1957 hereinafter called the Act came into force from 1st June,, 1958.
The dead rent fixed for there renewed lease was Rs.
The suit was decreed by the Trial Court but was dismissed by the First Appellate Court.
Section 16 companyfers power on the appropriate authority to modify a mining lease granted before 24th October, 1949 to bring it in companyformity with the Act and the Rules made thereunder.
The area of the lease purported to 1500 sq.
2305 of 1969.
The, Judgment of the Court was delivered by UNTWALIA, J. This is a plaintiffs appeal by special leave of this Court from the Judgment and decree of the Rajasthan High Court whereby the, plaintiffs Second appeal from the decision of the First Appellate Court was dismissed and the dismissal of its suit was maintained.
M. Jain, for Respondent No.
The plaintiff was granted a mining lease for mining mica by the erstwhile State of Shahpura for a period of 20 years companymencing from the 12th August, 1941.
C. Bhartari, for the Appellant.
236 of 1966.
