# RUKMANI BAI GUPTA v. STATE GOVERNMENT OF MADHYA PRADESH BHOPAL & ORS

- **Citation:** [1975] 3 S.C.R. 72
- **Court:** Supreme Court of India
- **Decided:** 1974-12-20
- **Case number:** Civil Appeal Nos. 612 & 613 of 1974
- **Bench:** K. K. Mathew, P. N. Bhagwat!, N. L. Untwal!A
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/rukmani-bai-gupta-v-state-government-of-madhya-pradesh-bhopal-ors-6479
- **Pages:** 10

## Headnote

Madhya Pradesh· Minor Minerals Rules,
1961
and. Mi1!es
(Regulation a11d Deve/opme11t) Act, 1957, S. 3(e)-Not1ficatw11
Government of minor mintrals-Scope of-Rules of b11si11,ess.
and Minerals
by
Central
Practice-C~ntentio11 not raised before authorities and High Court-Whether
Supreme Court would interfere on such contention.
The respondent-Government in exercise of the power conferred under s. 15
<>f the Mines and Minerals
(R·~.gulation and Dev~'.opment) Act, 1957 made
the Madhya Pradesh Minor Mineral Rules, 1961 for grant of prospecting
licences and mining leases in re»pect of minor minerals. 'Minor JJ}inerals' are
defined in ·s. 3 ( e) of the Ad. The Central Goverrncnt, in elliercise of the
power conferred under. s. 3(e) i~~u~d a notificati?n in 1~58 declaring, in!er a!ia,
"limestone used far hme burning" to be a mmor. mineral. The notification
was amended in 1961 and the words ''limestone u..ed in kilns for manufacture
of lime used as building material" were substituted_
The appellant was a lessee tmder a quarrying .Jease from 1961 to 1966
and it was renewed in 1966 for the ~riod 1966 to 1971 for quarryi:ng "limestone
for burning". Though there was no option for renewal in the later lease, the
appellant applied for renewal of the lease for "limestone for burning as a
minor mineral." As the application wa·s not disposed of in time it wa~ deemed
to have been rofused and the appellant applied for review.
Mean.while, the 5th respondent applied for a quarrying lease for the same
area and as this application was not disposed of in time, it was also deemed
to have been refused and the 5th respondent also app1ied for r:vkw.
'
.
A
B
c
D
E
The Deputy Secretary rejected the appellant's application on
the
grounds,
(a) that the quarrying lease granted for "limestone for
burning"
was null
and void, because, after the 1961 notification the lease was not for a "minor
mineral" and hence no
renewal could be granted of a null and void lease,
and (b) the applcation was not proper, because, the applicatio:11
was
for
F
"limestone for burning" and hence was not for a minor mineral. The Deputy
Secretary, by the sa111e order, allowed the 5th respondent's application observing
that 'there was no c(Jther valid application,' but, by that time, an application
by the appellant fof'· a, quarrying h:ase of "limestone used iii kilns ·for manufacture of lime for use as building material,'' filed by the· af Pellant'' abundant/
cautela, was in fact .pending before the authorities.
·
As the !lease deed in favour of the 5th respondent in pursuan~ of the
G
grant of the quarrying lease by the Deputy Secretary, was not execu.t,~d in
time, the Additimial Collector, in exercise of his· powers as a deloegate of the
State Government. extended< the time for execution of the
l~as~-deed and
thereafter, a lease was executed in favour of the 5th respondent. "·
~
The appellant's appli~ation for a fresh leaSe was again not disposed of in
time and it was deemed to have been refused. . She filed a review application
a_nd a}so a revision against the order of the Addi!. Collector e~:tending the
time 10 favour of the 5th respondent. The Deputy Secretary 11greed with
H
the contention that the Additio.1t.il Col~tor-had no power to exte1:id time but
himself extended the period for execution of the leaSe deed and rejected the
appellant's application for grant. of a fresh leillle in her favour.
A
B
c
D
E
F
G
"
:"•
RUKMANI V. M. P. GOVT,
73_
.......
The appellant challenged the orders of the Depμty Secretary but. the High
Court negatived the chaillenge. ·
·
.
In appea,J to .. this Court it was contended, (i l that the quarrying lease ·for
1966 to 1971 in favour ot the appellant was not void; (ii) the application
of renewal by the appellant was proper; (iii) no power was delegated to the
Deputy Secretary by the State Government to extend the time for execution
of the lease deed; and (iv) the sanctioning of the lease in favour of the 5th
respondent proceeded on the wrong ba3is that it wa

## Text

72
RUKMANI BAI GUPTA
v.
STATE GOVERNMENT OF MADHYA PRADESH BHOPAL
& ORS.
December 20, 1974
[K. K. MATHEW, P. N. BHAGWAT! AND N. L. UNTWAL!A, JJ.]
Madhya Pradesh· Minor Minerals Rules,
1961
and. Mi1!es
(Regulation a11d Deve/opme11t) Act, 1957, S. 3(e)-Not1ficatw11
Government of minor mintrals-Scope of-Rules of b11si11,ess.
and Minerals
by
Central
Practice-C~ntentio11 not raised before authorities and High Court-Whether
Supreme Court would interfere on such contention.
The respondent-Government in exercise of the power conferred under s. 15
<>f the Mines and Minerals
(R·~.gulation and Dev~'.opment) Act, 1957 made
the Madhya Pradesh Minor Mineral Rules, 1961 for grant of prospecting
licences and mining leases in re»pect of minor minerals. 'Minor JJ}inerals' are
defined in ·s. 3 ( e) of the Ad. The Central Goverrncnt, in elliercise of the
power conferred under. s. 3(e) i~~u~d a notificati?n in 1~58 declaring, in!er a!ia,
"limestone used far hme burning" to be a mmor. mineral. The notification
was amended in 1961 and the words ''limestone u..ed in kilns for manufacture
of lime used as building material" were substituted_
The appellant was a lessee tmder a quarrying .Jease from 1961 to 1966
and it was renewed in 1966 for the ~riod 1966 to 1971 for quarryi:ng "limestone
for burning". Though there was no option for renewal in the later lease, the
appellant applied for renewal of the lease for "limestone for burning as a
minor mineral." As the application wa·s not disposed of in time it wa~ deemed
to have been rofused and the appellant applied for review.
Mean.while, the 5th respondent applied for a quarrying lease for the same
area and as this application was not disposed of in time, it was also deemed
to have been refused and the 5th respondent also app1ied for r:vkw.
'
.
A
B
c
D
E
The Deputy Secretary rejected the appellant's application on
the
grounds,
(a) that the quarrying lease granted for "limestone for
burning"
was null
and void, because, after the 1961 notification the lease was not for a "minor
mineral" and hence no
renewal could be granted of a null and void lease,
and (b) the applcation was not proper, because, the applicatio:11
was
for
F
"limestone for burning" and hence was not for a minor mineral. The Deputy
Secretary, by the sa111e order, allowed the 5th respondent's application observing
that 'there was no c(Jther valid application,' but, by that time, an application
by the appellant fof'· a, quarrying h:ase of "limestone used iii kilns ·for manufacture of lime for use as building material,'' filed by the· af Pellant'' abundant/
cautela, was in fact .pending before the authorities.
·
As the !lease deed in favour of the 5th respondent in pursuan~ of the
G
grant of the quarrying lease by the Deputy Secretary, was not execu.t,~d in
time, the Additimial Collector, in exercise of his· powers as a deloegate of the
State Government. extended< the time for execution of the
l~as~-deed and
thereafter, a lease was executed in favour of the 5th respondent. "·
~
The appellant's appli~ation for a fresh leaSe was again not disposed of in
time and it was deemed to have been refused. . She filed a review application
a_nd a}so a revision against the order of the Addi!. Collector e~:tending the
time 10 favour of the 5th respondent. The Deputy Secretary 11greed with
H
the contention that the Additio.1t.il Col~tor-had no power to exte1:id time but
himself extended the period for execution of the leaSe deed and rejected the
appellant's application for grant. of a fresh leillle in her favour.
A
B
c
D
E
F
G
"
:"•
RUKMANI V. M. P. GOVT,
73_
.......
The appellant challenged the orders of the Depμty Secretary but. the High
Court negatived the chaillenge. ·
·
.
In appea,J to .. this Court it was contended, (i l that the quarrying lease ·for
1966 to 1971 in favour ot the appellant was not void; (ii) the application
of renewal by the appellant was proper; (iii) no power was delegated to the
Deputy Secretary by the State Government to extend the time for execution
of the lease deed; and (iv) the sanctioning of the lease in favour of the 5th
respondent proceeded on the wrong ba3is that it was the only valid application
for the quarrying gease.
·
·
Dismissing the appeal,
,
HELD . (!) B«h under the origina'l notification of the Central" Government of 1958 and the amended notification of 1961 'limestone' was .contemplated
to be used for burning for manufacture of lime. The orily difference was that,
for classification as a minor mineral under the formei, burning could be by
any means or proces> and the lime manufactured .could be for any purpose·
including building material!, while under the latter;· the burning should only
be in kilns for the manufacture of lime used only as building material and
for no other purpose. Hence, the use of the expression
"limestone
for
burning"
would not indicate whether the limestone referred to is a minor
mineral or not, for that would depend on how the ·limestone is to be burnt
and for what purpose.
Moreover the proposition that the expression "limestone
for burning" could cover limestone as a
minor mineral
is
borne out by
Schedule 3 of the Rules which prescribes a minimum output for "limestone
(for burning)". Therefore, it could not be said that merely because the mineral
for which the quarrying lease was granted to the appellant was described
therein as "limestone for burning," it was quarrying lease for a mineral which
was not a minor mineral.
[78C-G]
In the present case, the application of the appellant1 the order granting
the lease, the rule (Ir. 29) under which the power was exercised, the Form
in which the lease was execu:ed and the roya-lty stipulated, al!! indicated that
the quarrying lease was in respect of a minor mineral; that is it was really
a quarry l~ase for "limestone used in kilns for manufacture of lime used as
buj]ding material." It could not, in the circumstances. be condemned as null
and void. [78G-79C]
·
2(a) When column 6 of paragraph 4 of \he application requires an appiicant to· state the mineral which he intends to mine, it is for the purpose of
intimating to the State Government the mineral for which the qu&~rying lease
.is applied for.
So long as the description given by the applicant in the column
is sufficient to identify the mineral, the object of requiring the app1kant to give
the information would be satisfied and the application would not suffer from
the fault of being vagu~ or indefinite. In the present case,
the
appelfam
Jescribed the mineral intended to be mined by her as "limestone for burning
as a minor mineral" that is, "limestone for burning" which was a minor mineral
or in other words "lim~stone used in kilns for manufacture of lime used as
building material". Therefore, the application for renewal was in respect of
a minor mineral and the State Government was wrong in rejecting it on the
ground that it was not an application in respect of a minor mineral.
[79D·G]
(b) But the application for renewal was misconceived because th·~re was no
option of renewal and hence the State Government was right in rejecting it.
[80C)
(3) Th<t Deputy Secretary, in extending the time for execution of the lease
in favour of the 5th respondent, did not act as delegate of the State Government;
but in exercise of the power of the State Government under the Rules of
"Business.
His order extending time was ther_efore, valid.
[81B-C]
· (4) The State Governmeh,t wn.s in error in sanctioning grant of lease in
favour of the 5th responderitl ignoring the application of the appellant; but
the appeHant never raised this ·contention at any time before th0 State Government or the High ·Court and hence, this Court would ·not be justified i_n
interfering with the order of the State Govern111ent on this ground. [80 E-GJ
14
SUPltEME COURT REPORTS
[19751 3 s.c.R.
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 612 & 613 of
1974.
Appeals by special leave from the jud~ent and ordc:r dated the
5th May, 1973 alnd 27th February, 1974 of the Madhya Pradesh High
Court in Misc. Petns. Nos. 552/72 a1,1d Misc. Petn. No. 675 of 1973
respectively.
·
T. S. Krishnamurthy, P. V. Lale and S. S. Khanduja and Sushi/
Kum_ar, for the appellant (In C.A. No. 612-13/74).
I. N. Shroff, for respondents Nos. 1-3 (In C.A. No. 612/74) and
respondents Nos. 1-4 & 6 (In C.A. No. 613/74).
R. S. Dabir , V. S. Dabir, N. M. Ghatate !tad S. Balakrishnan, for
respondent No. 5 (In both the appeals).
R. N. Sachthey, for respondent No. 4 (in C.A. No. 612/74.).
The Judgment of the Court was delivered by
A
B
c
BHAGWATI, J.-The Mines & Minerals (Regulation & Development) Act, 1957 (hereinafter referred to as the Act) divides minerals
into two classes, namely, minor minerals and minerals othi~r than minor
D
minerals, which may, for the sake of brevity, be referred to as major
minerals. The Act itself makes provisions in sections 4 to 13 for regulating the grant of prospecting licenses and mining leases ta respect of
m'ajor minerals but so far as minor minerals are concerned, grant of
prospecting licenses a•11d mining leases is left to be governed by rules
to be made by the State Government under section 15. The Madhya
Pradesh Government, in exercise of the power conferred under section
E
15, made the Madhya Pradesh Minor Minerals Rules, 1961 for regulating the gram of quarry lease in respect of minor minerals and for
purposes connected therewith. These rules are ex hypothesi applicable
only in relation to grant of quarry lease in respect of minor minerals.
"Minor minerals" are defined in section 3(e) to meai11 building stones,
gravel, ordinary clay, ordinary sand other than sand used for prescribF
ed purposes, and any other mineral which the Central Goverm11e,1t
may, by notification in the official Gazette, declare to be a minor
mineral. The Central Government, in exercise of the power conferred
u,1de:r sectiop. 3(e), issued a notification dated 1st June, 1958 declaring
inter alia "limestones used for lime burning" to be a minor mineral.
This notification was subsequently amended by the Central Government by a further notification dated 20th September, 1961 a:,1d the
G
words "limestone used in kilns for manufacture of lime used as building material" were substituted for the words "limestone used for lime
burning". The result was that with effect from 20th September, 1961
only limestone used in kiln for malnufacture of lime used for building
material remained a minor mineral while limestone used for burning
for manufacture of lime for other p~1rposes ceased to. be. a minor mineral and became a major mineral. The appelll¥11t was a lessee under a
H
quarry lease of 25.32 acres of land situate in village Badari, Tehsil
Kurwara, District Jabalpur granted to her by the State Government for
quarrying "limestone for burning" for a period of. five :y~s from 21st
I
\
\
f
i '
A
B
RUKMANI v. M. I'. GOVT. (Bhagwati, /.)
7 5
June, 1961 to 20th June, 1966. This quarry lease was granted under
the Madhya Pradesh Mi!aor. Minerals Rules, 1961 (hereinafter referred
to as the Rules) and it was in Form V annexed to the Rules and contained clause (15) giving an option of renewal to the appellant for a
further term of five years. Before the period of the quarry lease .was
due to expire, the appellant applied for renewal in accorda11ce with the
provisions of the Rules and in the. application for renewal against
column 6 of paragraph 3 the appellant described the mineral which
she intended to mine as "limestone for burning". This application for
renewal was not disposed of by the State Government before the expiry
, of the quarry lease and it wits, therefore, deemed to have been refused
' un~er rule 8 ( 3). The appellant thereupon made an application for
review under rule 28 a1,1d the State Government, by an order dated
C . 24th December, 1966 made in exercise of the power conferred under
rule 29, sanctioned renewal of the quarry lease to the appellant. .Pursuant to this order a quarry lease was granted by the State Government
in favour of the appellant for quarrying "limestone for burnl11g" for
a period of five years from 21st June, 1966 to 20th June, 1971. This
quarry lease was also in Form V annexed to the Rules but it did not
contain clause (15) giving an option of renewal to the appella'11t.
D
E
F
G
H
Even though the last mentioned quarry lease gmnted to the appellant did not contain an option of renewal, the appell~at made an appli-
. cation dated 19th June, 1970 to the State Government for renewal of
the quoarry lease which was due to expire on 20th June, 1971. This
application was in Form I an11exed to the Rules and against column 5
of paragraph 3, which required an applicant to state whether the application was for a fresh lease or for a renewal of . a . lease previously
granted, the appelfant stated that the application was for renewal of
quarry lease. The application was, therefore, clearly and avowedly an
application for renewal of the quarry lease which was subsisting
i'.1
favour of the •appellant and not an application for a fresh lease. Then
again, what was stated by the appellant against column 6 of paragraph
3 is very material. The appellant stated there that the mineral which
she intended to mr.1e was "limestone for burning as a minor mineral".
This application was not disposed of by the State Government before·
the expiry of . the quarry lease a!nd it was, therefore, deemed to have
bee~ refused on 20th June, 1971. The appellant thereupon filed an
application for review on 1st July, 1971 under rule 28.
Now, sometime after the application for renewal of the quarry lease
was made by the appellant, respondent No. 5 made an application
dated 11th September, 1970 for grant of a quarry lease in respect of
the same area.
This application was also in Form I annexed to the·
Rules and against column 6 of paragraph 3 it was stated that the
mineral which the applicant iiatended to mine was "limestone used in
kilns for manufacture of lime used as building material". The State
Government failed to dispose of this application within one year .from
the date of its receipt and therefore under rule 8(2) it was deemed to
have been refused on 10th September, 1971. Respondent No. 5 too ·
had, in the circumsta,nces, no choke but to file an application for review·
under rule 28 on 11th September, 1971.
SUPREME COURT REPORTS
[1975] 3 s.c.R.
It appears that after the appellant had made the applic•atio11 for
renewal, she felt that there might be some difficulty so far as that
application was concerned, and therefore, with •a view to err 011 the
safe side, she made another application for grant of a fresh lease on
21st June, 1971 immediately after the expiration of the subsisfr,1g
lease. This application in column 6 'of poaragraph 3 gave a full description of the mineral which the appellant intended t-0 mine, namely,
"limestone used in kilns for manufacture of lime for use as building
material". The State Gover'ament failed to dispose of this application
also within, om: year from the d•ate of its receipt and it was, therefore,
by/reason of rule 8 (2), deemed to have been refused on 20th June,
1972.
The appellant thereupon preferred an application for review
under rule 28 against the deemed refusal of her application for grant
of a fresh lease. But before that, the two applications for review, oae
made by the appellaiat on 1st July, 1971 and the other .made by respondent No. 5 on 11th September 1971, were disposed of by the
Deputy Secretary exercising the power of the State Government by an
'order dated 19th May, 1972.
· The Deputy Secretary by the order dated 19th May, 1972 rejected
the application for review !Il'ade by the appellant on the ground i:hat
"limestone for burning" for which the quarry lease was granted to the
appellant was a major mineral after the issue of the \1otification da.ted
20th September, 1961, and hence the quarry lease gmnted by the State
Government under the Rules was null and void and no renewal could
be granted of such a null and void lease, and moreover, the application
for renewal made by the appellant was also not proper as it was an
jlpplication for mining "limestone for burning'' which was
a major
mineral.
The Deputy Secretary also by the same order allowed the
application for review made by respondelat No. 5 and s•anctioned grant
of a lease to him, as the area had become available for grant and, according to the Deputy Secretary, "there was no other V'alid application
for this area".
The appellant being aggrieved by the order made by the Deputy
Secretary preferred a petition in the High . Court of Madhya Pradesh
ur!der articles 226 and 22 7 of the Constitution challenging the validity
of that order da certoain grounds. But none of these grounds appeal1~d
to the High Court and affirming the view taken by the Deputy Secn:-
tary, the High Court upheld the impugned order and rejected the petition. The appellant thereupon preferred Civil Appeal No. 612 of 1974
after obtaining special leave from this Court.
.
Now, the main part of rule 22 provided that where a quarry lease
is granted, a lease deed in Form V shall be . executed within three
months of the order sanctioni1ag the lease and if no such lease is executed within that period, the order sanctioning the lease shall be deemed
to have been revoked. The qumry lease in favour of respondent No.
5 should, therefore, have been executed within three months of the
order dated 19th May, 1972 sanctioning grant of lease to him. Unfortunately, however, without any fault on the part of respondent No.
·5. the quarry lease could not be executed within the stipulated period
A
B
c
D
E
F
G
H
RUKMANI v. M. p GOVT, (Bhagwati, J.)
77
A
cf three months. The order dated 19th May, 1972 sanctioning lease
in f•avour or respondent No. 5 would, therefore, have stood revoked
lJl,1der the main part of rule 22. But the proviso to that rule conferred
power on the State Government to permit the execution of the lease .
deed after the expiry of the period of three months if it was satislied
that the applicant for the lease was not responsible for the delay in the
execution of the lease deed. The Additional Collector, purporting to
B \ exercise this power as a delegate of the State Government, extended
' the time for the execution of the lease deed and withla such extend~d
time, a quarry lease was executed by the Addi. Collector in favour
of respondent No. 5.
The appellant, therefore, added respondent No.
5 as a party respondent in her application for review and also filed an
application for revision under rule 32B aga;1ast the order of the A'ddic
D
E
F
G
H
tional .Collector granting extension of time and executing the quarry
lease.
The appellant contended that the Additioml Collector had no
power to extend the time for the execution of the quarry lease as ',io
such power had been delegated to him by the State Government and in
any event, no extension of time could be granted after the prescribed
period of three months had expired and the order dated
19th May,
1972 sanctionrag grant of lease in favour of respondent No. 5 must,
therefore, be deemed to have been revoked and. the quarry lease must
be held to be null and void, and an order should be made sanctioning
grant of quarry lease in favour of the applicant. The Deputy Secretary,
exercising the power of the State Government, by a;a order dated 29th
May, 1973, agreed with the contention of the .appellant that the power
of the State Government not having been delegated to him, the Additional Collector had no power to extend the time for the execution of
the quarry lease or to execute the quarry lease on behalf of th.:: St:tte
Government, but taking the view that respondent No. 5 was not responsible for the delay in the execution of the lease deed within the
prescribed period of three months the Deputy Secretary extended the
time for the execution of the quarry lease upto 29th August, 1973 in
exercise of the power of the State Government under the proviso to
rule 22. Both the application of the appellant, one for review against
the deemed refusal.of her application for grant of a fresh lease a:nd tht'
other for revision of the order of the Additional Collector under rule
32B were accordingly rejected by the Deputy Secretary. The appellant
thereupon preferred a petition in the High Court of Madhya Pradesh
under articles 226 and 227 of the Constitution challenging the validity
of the order of the Deputy Secretary, but the High Court negatived the
challenge and dismissed the petition.
This led to the filing of Civil
Appeal No. 613 of 1974 with special leave obtained from this Court.
We will first consider Civil Appeal No. (;)12 of 1974. Two questions arise for consideration in this appeal. First, whether the quarry
lrnse for the period 2Jst June, 1966 to 20th lune, 1971 granted by the
State Government to the appellant was null and void; and secondiy,
whether the application for re.1ewal made by the appellant was proper
so as to merit consideration by the State Government. So far as
the
first question is. concerned, the High Court took the view that "lime-
. stone for burning", for which the qt1arry lease was granted by the State
Government to the appellant, was a major mineral at the date when
the quarry lease was gralnted, and therefore, the quarry lease was null·
78
SUPREME COURT REPORTS
[1975] 3 s.c.R.
and void. The correctness of this view was challenged before us on
behalf of the appellant and we find considerable force in this challenge.
The original notification dated 1st June, 1958 described
''.limestc:~e
used for lime burning" a:s a minor mineral but by the amendmg notification ci'ated 20th September, 1961 only "limestone used in kilns for
manufacture of lime used as building material" was . regard1~d as a
minor mineral. The field of minor mineral, in so far as it 1~oncerned
limestone, was iaarrowed down. Formerly limestone used for burning
for manufacture of lime, whatever may be the uses to which such lime
may be put, whether as building material or for other purposes, was
within the definition of 'minor mineral', but after the amendment, it
was only limestone used for burning in kilns for manufacture of lime '
used as buildi1,1g material that was covered by the definition of minor
mine1•.il. When limestone is used for burning for manufacture of lime
for industrial or sophisticated purposes otherwise than as
building
material, it would have to be of superior quality and hence after the
amendment, it was classified as major mineral, leaving only limestone
used for bur1.1ing in kilns for manufacture of lime used as building
· material to be regarded as minor mineral. But in both cases, whether
under the original notification or the amended notification, limestone
was contemplated to be used for burning for manufacture of lime. The
only difference was that i'.i the former, burning could be by •any means
or process and lime manufactured could be for any purpose including
building material, while in the latter, burning could be only in the kilns
and for manufacture of lime used only as buildi1,1g material and for no
other purpose. It would, therefore, be seen that the mere use of the
expression "limestone for burning" would be •ambiguous. It would not
indicate whether the limestone referred to is a major mineral or a
minor mineral. That would all depend on how the limestone~ is to be
bur.1t, whc:ther in kilns or otherwise, and what is the use to which lime
manufactured by burning is to be put, whether as building material or
for other purposes. The expression "limestone for burning" would,
therefore, equally cover limestone as 'a minor mineral and that is
clearly borne out by the Third Schedule to the Rules which prescribes
a minimum output of 200 tonnes per acre per arr.mm for "limestone
(for burning)". It cannot, therefore, be said that merely because the
mineral for which the quarry lease was granted by the State Government to the appellant was described in the quarry lease as ":limestone
for burning", it was a quarry lease for a major m1aeral. Whether it
was a quarry lease for a minor mineral or a major mineral would have
to be gathered from the other provisions of the quarry lease and the
circumstances surrounding its execution.
Now in the present case the quarry lease was granted to the appeilant pursuant to the order dated 24th December, 1966 made by the
State Govc:rnmeat on the application for renewal made by the appellant. The application for renewal was in Form I annexed to the Rules
which was the form prescribed by the Rules for an application for
grant of a quarry lease for a minor mineral.
The order dated 24th
December, 1966 also treated the appU~ation of the appellant as one
made for 'a quarry lease for a minor mineral u'ader the Rules a.nd sanctioned renewal of the quarry lease. in favour of the appellant in exercise
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RUKMANI v. M. P. GOVT. (Bhagwati, J.)
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of the power under rule 29, which was a power exerciseable in relation
to grar.t or renewal of a quarry lease in respect of a minor mineral.
The quarry lease was also in Form V an1,1exed to the Rules which is
the form prescribed for a quarry lease in respect of a minor mineral.
The royalty stipulated in the quarry lease was Rs. 2/- per tonne and
that also clearly indicated that the quarry lease was in respect of a
minor mineral. Vide the First Schedule to the Rules. It is, therefore,
clear that though the mineral for which the quarry lease was granted
to the appellant was described as "limestone for bm1,1ing", it was a
quarry lease for "limestone for burning" as a minor mineral, that is,
for "limestone use<;! in kilns for manufacture of lime used as building
material" and it could not in the circumstances be condem,1ed as nuil
and void.
·
. Th-at takes us to the second question, namely, whether the application for renewal made by the appellant was
proper ? The only
ground on which the State Government rejected the applicatio!a for renewal was that against column 6 in paragraph 3 the mineral whi-::h the
appellnnt intended to mine wa_s described as "limestone for burning as
a minor mraeral". The State Government took the view, and this view
was affirmed by the High Court, that "limestone for burning" was a
major mineral and the application for renewal was, therefore, an application for a quarry lease for a major mineral and the State Government was not competent to grant it uader the Rules. We do not think
this view taken by the State Government and approved by the High
Court is correct. It rests on too strict a construction of the application
for renewal ignoring the substance of the matter. When colum11 6 of
paragraph 3 of Form V requires an applicant to state the mineml
which he intends to mine, it is for the purpose of intimating to the
State Government as to what is the mineral for which the quarry lease
is applied for by the applicant.
So long as the description given by
the appellant against column 6 of paragraph 3 is suffic~ent to identify .
the mineral, the object of requiring the applicant to give information
against column 6 of paragraph 3 would be satisfied and the application
would not suffer from the fault of being vague or it,1definite and the
only question then would be whether the mineral mentioned there is
a minor mineral. Here in the present case, against column 6 or paragraph 3 the mineral intended to be m•ned by the appellant was described as "limestone for burning as a minor mineral". The words "as a
minor mineral" followr,1g upon "limestone for burning" clearly indicated that the mineral which the appellalnt intended to mine was not
"limestone for burning" wh'ich was a major mineral but "limestone for
burning" which was a minor mineral, that is, "limestone used in kilns
for manufacture of lime used as building material''. It cannot be gainsaid that it would have been better if the full description of the mineral
had been given against column 6 of paragraph 3, but absence of reiteration of the full description cannot be regarded as having any invalidating effect on the application for renewal. What was stated by the
appellant against column 6 of paragraph 3 was sufficiently specific to
identify the mineral as "limestone used in kilias for manufacture of
lime used as building material" and that showed clearly beyond doubt
that the application for renewal was an application in respect of a
minor mineral. We are, therefore, of the view that the application for
so
SUPREME COURT REPORTS
(1975] 3 S.C.R.
renewal was a proper application i1a respect of a minor minernl and
the State Government was wrong in rejecting it on the ground 1.hat it
was an ~pplication in respect of a major mineml.
But that does not mean that the application for renewal made by
the appella<at should have been granted by the State Government.
When the qua,rry k·asc in Form V was executed by the State Government in favour of the appellant, clause ( 15) of that form was dekted.
There was, therefore, no option of renewal in the quarry lease and the
appellant could not lay any claim to renewal on the basis of such
option.
It is •appare<at that an applicant can ask for renewal of the
quarry lease only if there is an option of renewal in his favour. Otherwise, all that he can apply for •and obtain is
a fresh lease. The
application for renewal was, therefore, misconceived and the
State
Government was entitled to reject it.
We accordr,1gly uphold the re-·
jection of the application for renewal by the State Government though
for different reasons.
The appellant then contended that the order dated 19th May, 1972
sanctioning lease ~a favour of respondent No. 5 was invalid since it
proceeded on a wrong hypothesis that the application of respondent
No. 5 was the only valid application for a quarry lease for this area
before the State Government. There was also before the State Government, pointed out the appellant, the application made by her for gra'nt
of a fresh lease and though this application was later in point of time
than the application of respondent No. 5, the State Government was
bound to consider it as the State Governmelat could under rule 12(2),
for special reasons to be recorded, grant "quarry lease" to an appfo:ant
whose application was received later in preference to an applicant
· whos<! application was received earlier". Now, there can be no doubt
that on 19th May, 1972, when the State Govemment sanctioned grant
of quarry lease in favour of respondent No. 5, the application of the
appellant for grant of a fresh lease was before the State Government
and therefore, it would seem that the State Government ought to have
considered that application along with the applicatid,1 of respondent
No. 5 for the purpose of deciding whether quarry lease should be
granted to the appellant in preference to respondent No. 5 even though
the application of the appellant was received later than the application
of respondent No. 5. Prima facie, the State Goverament was in error
irn· sanctioning grant of lease in favour of respondent No. 5 ignoring
the application of the appellant. But w:, do not think we would be
justified in i1aterfering with the order of the State Government on fois
ground because we do not find that this contention was at any time
raised by the appellant before the State Government or even before the
High Court.
The appcllar.t could have raised this contention in the
application for review preferred by her against the deemed refusal of
her application for grant of a fresh lease and even if it was not rais,ed
at that stage, thie appellant had another opportunity to raise it Md
that was in either of the two petitions filed by her in the High Cou:rt.
But the appellant did not avail herself of this opportunity and it was
only at the hearing of this appeal before us that she for the first time
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RUKMANI v. M. P. GOVT. (Bhagwati, I.)
81
sought to raise this contention. We cannot permit that to be done and
we accordingly do not propose to entertain this contention and inter·
fere with the order of the State Gover1.1ment on this ground.
So far as Civil Appeal No. 613 of 1974 is concerned, the appellant
contended that the Deputy Secretary had no power to extend the time
for the execution of the quarry lease in favour of respondent No. 5 as
B · no such power had been delegated to him by the State Government.
But this _contentioa is based on the erroneous assumption that the
Deputy Secretary, in extending the time for the execution of the quarry
lease, acted in exercise of the power purported to have been delegated
to him by the St•ate Government. The Deputy Secretary did not act
as delegate of the State Government. He acted in exercise of the power
of the State Government under the Rules of Busi•aess. The onfor
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made by him extending the time for the execution of the quarry kasc
was, therefore, an order of the State Government and no infirmity attached to it on the ground that the power to extend the time was not
delegated to him.
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The appellant also tried to urge the same watentlon in this appeal
which she urged in Civil Appeal No. 612 of 1974, namely, that the
order dated 19th May, 1972 sanctioning grant of lease in favour of
respondent No. 5 was invalid inasmuch as it was made without considering the application of the appellant for grant of a fresh lease. But
for reaso1,1s which we have already given we cannot allow the appellant
to raise this contention for the first time at the hearing of these appeals
before us and hence we need not express any final opinion upon it.
The result is that both Civil Appeals Nos. 612 of 1974 and.613
of 1974 fail and are dismissed with costs.
There will be only one
heari1.1g fee in one set in both appeals.
V.P.S.
Appeals dismissed.
7-V 79Sup.Cl/75