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GANGA DAYAL & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Ganga Dayal & Others v. State Of U.P. & Others - WRIT - C No. 8169 of 1999 [2005] RD-AH 4997 (27 October 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 1

1. WP No. 8159 of 1999

Rajendra and 3 others vs. State of UP and others

2. WP No. 8164 of 1999

Ram Kishun and 3 others vs. State of UP and others

3. WP No. 8169 of 1999

Ganga Dayal and 7 others vs. State of UP and others

4. WP No. 8388 of 1999

Rajendra Babu and 6 others vs. State of UP and others

Hon'ble Yatindra Singh, J

Hon'ble RK Rastogi, J

1. The petitioners in these writ petitions filed applications for grant of mining leases. Their applications were allowed. Subsequently the mining leases were executed in favour of the petitioners in the first three writ petitions on 25.3.1998 and in favour of the petitioners in the fourth writ petition on 2.4.1998. The dead rent was also mentioned in the lease deeds. Subsequently the State Government vide the letter dated 12.1.1999 wrote to the Collector for recalculating the dead rent. The collector vide his order dated 5.2.1999 recalculated the dead rent and enhanced the same, hence the present writ petitions.

2. We have heard the counsel for the petitioners and the standing counsel for the respondents.

3. The counsel for the petitioners submits that once the lease deed has been executed the dead rent mentioned in the same can not be enhanced. The lease deeds are executed in form MM-3 of the UP Minor Mineral (Concession ) Rules, 1963 (the Rules). Paragraph 2 of Part II of the lease deed ( MM-3) stipulates that the lessee shall be liable to pay such dead rent or such revised dead rent as may be communicated in writing to them. Thus the lease deeds stipulate that the dead rent can be revised/enhanced and this submission has no force.

4. The counsel for the petitioner next submitted that power to enhance the dead rent has to be reasonably exercised and as in these cases it was not reasonable exercise of power, it is illegal.

5. Rule 22 of the Rules provides for fixing of the amount of dead rent at the rate mentioned in the second schedule. Sub-clause (I) of clause 5 of the second schedule is applicable in the case of the petitioners. At the relevant time, the rate was Rs. 4000/- per acre per annum. In all the lease deeds the rate mentioned was less than Rs. 4000/- per acre per annum. These areas were earlier operated on permit for three months only and for the remaining nine months they were vacant. The dead rent was calculated on its basis. Later on when this mistake was realised it was corrected. The State Government vide the letter dated 12.1.1999 asked the Collectors to recalculate the dead rent for three months (for which permits were issued) on the basis of revenue received for those months and for the remaining months on the basis of rates as mentioned in the second schedule. This is reasonable. The Collector has calculated the dead rent in accordance with the letter dated 12.1.1999. The writ petitions have no merits. They are dismissed. Let a copy of this judgement be placed in the record of WP 8164 of 1999, WP 8169 of 1999 and WP 8388 of 1999.

Date: 27.10.2005

BBL

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Ganga Dayal & Others v. State Of U.P. & Others - WRIT - C No. 8169 of 1999 [2005] RD-AH 4997 (27 October 2005)

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Ganga Dayal & Others v. State Of U.P. & Others - WRIT - C No. 8169 of 1999 [2005] RD-AH 4997 (27 October 2005)