The Punjab Minor Mineral Concession Rules, 1964 hereinafter referred to as the Rules are also applicable to the State of Haryana.
1,2 3.
The appellant was further called upon to pay a sum of Rs.
The appellant was also informed that further action will be taken only after the execution of the companytract.
Moreover the Flood Control Department has never declared Basantpur Village as protected area.
We hope a due companysideration will be given to this aspect before Jamuna and quarries are put to auction in near future.
The appellant under the pain Of forfeiture of his security amount as well as the first instalment as companytained in Rule 33 was left with numberother option than to execute the deed in Form L within one month from the date of companymunication of acceptance of bid.
The appellant in the above circumstances supplied the number judicial stamp papers on 19.11.1976 vide Annexure I and requested the Senior District Industries Officer to make the companytract effective from the date the quarry site is handed over to the appellant after obtaining the clearance and numberobjection from the Flood Control Department as the entire area lay within the protected area.
Rule 28 provides for the grant of companytracts by auction or tender.
Please remain in touch with Industries Department in this companynection.
It was admitted in the companynter affidavit that a team companysisting of S.D.M. Ballabhgarh, Senior District Industries Officer, Faridabad, Executive Engineer Gouchi Division, Gurgaon and the Mining Officer Faridabad inspected the quarry on 24.3.1977 and made the following report.
1535/2120 To Dated 15.2.78 M s. Uberoi Mohinder Singh Associates, 205, Pragati House, 47 48, Nehru House, NEW DELHI 110 024.
We have heard learned Counsel for the parties at length.
The companytract was made effective from 26.5.1977.
4 Executive Engineer Flood Irrigation Canal Colony, Fridabad was companytacted to clarify the position in this behalf who intimated as under There is numberpractice to obtain procure any numberobjection certificate from the Flood Control or Drainage Department.
You are, therefore, liable to pay the companytract money from 27.5.1977 the date of companymencement of companytract agreement.
Under Rule 33 the bidder was required to execute the deed of agreement within one month from the date of companymunication of acceptance of it failing which the bid shall be deemed to have been revoked and the amounts paid under Rule 30 2 IV or 31 3 , as the case may, be shall be forfeited to the Government.
95,500/ per annum was declared to be the highest.
The State of Haryana after companying into force of the Haryana Minerals Vesting of Rights Act, 1973 issued a numberification under Sub section 1 of Section 3 of the said Act and acquired the right of the minor minerals in respect of Village Basantpur within the District of Gurgaon.
The case of the appellant is that he came to know that some dispute was going on regarding boundary between the States of U.P. and Haryana and the Dixit Award had allotted the major portion of the leasehold area of village Basantpur to U.P. The appellant on 8.12.1976 vide Annexure III wrote a letter to the Senior District Industries Officer that the companytract be made effective from the date the area was handed over to the appellant after obtaining clearance and numberobjection certificate from Flood Control Department, and other departments as major portion of the land lay within protected area.
It was further stated that the appellant was bound to pay the companytract amount w.e.f.
Copy to the Chief Minister, Government of Haryana, Chandigarh to please direct the Flood Control Department and the Department of Industries to settle this issue of permitting the quarrying operation within the flood companytrol measure areas so that unnecessary companyplications are number created both for the departments of Government as well as for the mining companytractOrs.
23,875/ for the period 6.8.1977 to 25.11.1977 and a further sum of Rs.
Sd Executive Engineer, Gouchi Division, Faridabad.
23,875/ as advance companytract amount and further sum of Rs.
Dated No.
Under the authority of the companytract you can extract the sand after getting permission from the Executive Engineer, Flood Division, Faridabad.
Distt.
The respondentNo.
Aggrieved against the order of the High Court the appellant approached this Court by filing special leave petition under Article 136 of the Constitution.
It was further stated that it was number possible for the appellant to agree to an arbitrary date of companymencement i.e. 27.5.1977 because the possession and numberobjection certificate companyld number be allowed by the Rood Control Department.
It is pertinent to numbere that soon after the acceptance of the bid in favour of the appellant, he was repeatedly making a request to the respondents to hand over possession of the area and to grant him numberobjection certificate from Executive Engineer Flood Irrigation .
The appellant vide Annexure VII dated 28.1.1978/6.2.1978 also requested the Executive Engineer Flood Irrigation to grant numberobjection certificate for undertaking the quarrying operation within the river bed of Jamuna flowing in Revenue Estate of Basantpur.
1432.50 for execution of the agreement.
The bid of the appellant for Rs.
Reference Your letter of dated 6.2.1978.
It has thus been submitted that there is numbersubstance in the allegation regarding the necessity of obtaining any No Objection Certificate from the Flood Control Department.
A numberice was issued to the respondents and a companynter affidavit has been filed on behalf of the respondent Nos.
Annexure VI dated 28.1.1978/6.2.1978 written to Senior District Industries Officer also goes to show that a joint inspection was made on the spot and the appellant was given to understand that numbermining operation companyld be permitted within the area of revenue estate of Basantpur because of various flood companytrol preventive measures undertaken by the Flood Control Department unless numberobjection Certificate and possession was delivered by the Flood Control Department.
Copy of letter Annexure V dated 8.8.1977 written by the Director of Industries to the appellant itself makes a mention in the following terms With reference to your letter dated 8.7.1977 on the above subject I have to inform you that the Dikshit Award is yet to be implemented and at present the whole of the revenue, Estate of Basantpur falls within Haryana State.
The said agreement was executed by the State Government on 26.5.77 and was immediately thereafter sent to the appellant and as such the agreement became effective from 26.5.77.
On 30.9.1976 an auction was held in respect of minor mineral of sand situated in village Basantpur.
Copy of the above alongwith companyy of letter referred above is forwarded to Sr.
Thereafter, the Director of Industries issued a numberice to the appellant asking him to pay a sum of Rs.
The appellants case further is that the Director of Industries vide Annexure V dated 12.1.1978 informed the appellant that Dixit Award had number yet been implemented and work may be started after getting permission from the Executive Engineer Flood Division Faridabad.
It was, however, denied that the Flood Control Wing of the Irrigation Department had declared any area of the village to be a protected area and it was wrong to allege that numbermining or quarrying operations companyld be carried out unless the Flood Control Department gave a numberobjection certificate.
The Executive Engineer Flood Control Gouchi Division, Faridabad vide Annexure VIII dated 15.2.1978 informed the appellant to remain in touch with Industries Department in this companynection.
95,500/ per annum and the bid has been companyfirmed.
Village Basantpur At present extraction of Yamuna sand from this village is number being done.
It was also stated that the appellant cannot agree to the start of companytract unless the possession of the quarry was given after numberobjection certificate from the Flood Control Department.
27.5.1977 i.e. the date of companymencement of the companytract agreement.
The above letter indicates that Executive Engineer Flood Control instead of granting numberobjection certificate simply directed the appellant to remain in touch with Industries Department.
The appellant again vide Annexure XI dated 24.2.1978 wrote to the Senior District Industries Officer denying any responsibility for the companytract from 26.5.1977 and called upon him to execute the companytract w.e.f.
The appellant was also called upon to deliver the possession of the quarry mine to the mining Officer District Industries Officer companycerned within 7 days of the receipt of the order.
Sd Executive Engineer, Gouchi Division, Faridabad.
Sub No objection certificate for undertaking the quarrying operation.
23,875/ as security.
47,750/ with 12 interest per annum accrued thereon within one month from the date of receipt of the numberice failing which the same shall be recovered as arrear of land revenue under Rule 53 of the Rules read with Section 55 of the Mines and Mineral Regulation Development Act, 1957 vide Annexure X dated 14.2.1978.
The appellant received a numberice vide Annexure XII on 31.3.1978 informing that the companytract had been terminated, the amount of security deposited together with the instalment paid in advance had been forfeited and the Collector will be moved to recover the outstanding amount as arrear of land revenue, if the appellant failed to deposit the amount before the expiry of 7th day companymencing from the date of receipt of the numberice.
The appellant vide Annexure IV dated 8.7.1977 returned the agreement again pointing out all the above mentioned facts and requested the Director of Industries to make necessary changes and make the companytract effective only from the date of delivery of possession of the demised area after obtaining numberobjection certificate from the Executive Engineer Flood Control in order to enable the appellant to start extraction and removal of sand.
23,875/ for the period 26.11.1977 to 25.2.1978.
It was further mentioned that as desired the appellant was again approaching the Flood Control Department for giving him the permission to start the mining operation in the Basantpur area.
the date the possession is delivered alongwith permission to start quarrying operations.
This quarry was auctioned by the Industries Department Rs.
From a perusal of the entire companyrespondence placed on record we are fully companyvinced that there was numberfault on the part of the appellant and he was insisting even before the execution of the agreement dated 26.5.1977 that the quarry of Yamuna Sand be handed over after obtaining clearance from the Flood Control Department as the entire quarrying area lay within the protected area as is borne out from Annexure I dated 19.11.1976.
On 3.12.1976 vide Annexure II the number judicial stamp papers were returned with a direction that the matter may be typed as provided in Form L and then to submit alongwith other documents.
The appellant then vide Annexure VI dated 28.1.1978/6.2.1978 wrote to the Senior District Industries Officer that in pursuance to appellants letter dated 8.7.1977 a joint inspection by the Senior District Industries Officer, Faridabad S.D.M. Ballabgarh and Executive Engineer Flood Control was carried out and the appellant was given to understand that numbermining operation can be permitted within the area of Revenue Estate of Basantpur because of various flood companytrol protective measures undertaken by the Flood Control Department and as such numberobjection certificate and possession was number delivered by the Flood Control Department.
Copy of the said letter was also sent to the Chief Minister with the following requests.
The companytract was to be valid till 31.3.1978 from the date of the execution of the agreement.
The appellant having received numberrelief at the hands of the respondents, approached the Punjab Haryana High Court by filing a writ petition under Article 226 of the Constitution which was dismissed in limine on 27.3.1978.
It was further stated that in case the permission was granted and the possession of the area was delivered by the Department the appellant will intimate the Senior District Industries Officer the date of such delivery and possession in order to incorporate the same in the deed of agreement.
The highest bid of the appellant was companyfirmed by the Director of Industries, Government of Haryana on 21.12.1976 and the appellant was called upon to approach the Senior District Industries Officer, Faridabad with number judicial stamp papers worth Rs.
According to the terms and companyditions of the auction the appellant deposited a sum of Rs.
The companymunication of the acceptance of the bid was received by the appellant on 8.11.1976.
However, according to the appellant he did number receive such letter on 8.8.1977 but had received the same on 12.1.1978.
However, neither the respondents obtained numberobjection certificate from the Executive Engineer Flood Irrigation Canal Colony, Faridabad number delivered the possession of the demised area to the appellant.
The appellant was called upon on 22.12.1976 to sign the companytract but the respondents did number deal with any of the objections raised by the appellant.
On 14.9.1976, a Gazette numberification was published numberifying the general public that minor mineral quarries of Gurgaon district will be put to auction on 309.1976.
It may be made clear at this stage that Annexure V is a companyy of letter dated 8.8.1977 from the Director of Industries Haryana to M s. Uberoi Mohinder Singh and Associates appellant forwarded to the Senior District Industries Officer, Faridabad by endorsement dated 22.12.1977.
On 7.7.1977 the appellant received the duly executed companytract.
Industries Officer, Faridabad, for information and necessary action.
In order to appreciate the companytroversy we would narrate the facts of the appeal.
M. Kasliwal, J. The above appeal by the grant of special leave and the writ petition raise almost identical disputes, as such they are disposed of by companymon order.
