SALIGRAM KHIRWAL versus UNION OF INDIA

Citation: [2003] SUPP. 3 S.C.R. 522 · Decided: 09-09-2003 · Supreme Court of India · Bench: R.C. LAHOTI · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
SALIGRAM KHIRWAL 
v. 
UNION OF INDIA 
SEPTEMBER 9, 2003 
B 
[R.C. LAHOTI AND ASHOK BHAN, JJ.] 
Mines and Minerals (Regulation and Development) Act, I957: 
Ss. I I (2) and (3)-Applications for mining /ease-Death of one of the 
C applicants after lease was granted in favour of another-Claim of legal 
heirs-The unsuccessful applicant filing writ petition before High Court 
after her revision against grant of lease in favour of another person was 
dismissed by Government-Death of applicant during pendency of writ 
petition-High Court substituting legal heirs allowing writ petition and 
D directing the Government to consider application afresh-Held, the deceased 
applicant in her writ petition was merely canvassing and claiming 
consideration afresh of her application for the grant-Her entitlement to 
the grant of mining lease was to be adjudicated upon on the basis of her 
own qualification and entitlement-The claim of legal heirs shall have to 
be adjudicated upon on the basis of their own qualifications and their own 
E entitlement-On the death of the applicant, all that survived to the legal 
heirs was to make an application afresh and have the same considered in 
accordance with /aw-On/acts, r.25-A is not applicable-Besides, lease 
was granted in favour of the successful applicant/or 20 years and he has 
operated the mine/or about 23 years-It will be a travesty of justice to 
F dislodge the successful applicant from the mine after a period of 23 years 
solely for the purpose of considering an application by a competitor-
However, if any prayer for renewal of lease is made hereafter, it shall be 
treated as an application for fresh grant and the legal heirs of the deceased 
and any other person shall be entitled to make application-Mineral 
G Concession Rules, 1960-R.25-A. 
C. Buchivenkata Rao (dead) by his legal representatives v. Union of 
India and Ors., [1972) 3 SCR 671, relied on. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5689 of 
H 1994. 
522 
SALIGRAMKHIRWALv. U.0.1. 
523 
From the Judgment and Order dated 23.2.93 of the Orissa High Court A 
in O.J.C. No. 1269 of 1982. 
Jayant Das, Ajit Pudussery and S. Mohanty for the Appellant 
Janaranjan Das, Gaurang Biswal, Swetaketu Mishra, Ms. Moushmi 
Gahlot and Ms. Kirti Mishra for the Respondents. 
B 
The following Order of the Court was delivered : 
Late Dr. Sarojini Pradhan, whose heirs are impleaded as respondent 
Nos. 3 to 8 herein (collectively called hereafter as 'private respondents', C 
for the sake of convenience) was holding a mining lease over an area of 
163.4723 hectares in village Banarai for extraction of lime stone and 
dolomite. Late Dr. Sarojini Pradhan committed breach of terms and 
conditions of the mining lease in her favour consequent whereupon the 
State Government determined her lease and called for fresh applications 
vide a notification dated 3rd December, 1977. The termination of the D 
mining lease held by late Dr. Sarojini Pradhan is now only a matter of past 
history inasmuch as that termination has achieved a finality and is not in 
dispute in the present proceedings. 
Pursuant to the notification dated 3rd December, 1977, nine E 
applications came to be submitted for the grant of mining lease in terms 
of sub-Sections (2) and (3) of Section 11 of the Mines and Minerals 
(Regulation and Development) Act, 1957. The appellant before us and late 
Dr. Sarojini Pradhan were also amongst the applicants. Having scrutinised 
all the applications, the Director of Mines, on 3 !st January, 1979, F 
recommended the mining lease being granted in favour of the appellant. 
On 4th December, 1979, the State Government passed an order granting 
the mining lease in favour of the appellant. The terms and conditions 
proposed by the State Government were accepted by the appellant on 3rd 
January, 1980. On I Ith January, 1980, the mining lease was executed and 
the formal grant order in favour of the appellant was issued by the State G 
Government on 16th January, 1980. Late Dr. Sarojini Pradhan preferred 
a Revision to the Central Government against the grant in favour of the 
appellant. But the Revision was dismissed by the Central Government on 
29th May, 1982. Some time in the year 1982, Dr. Sarojini Pradhan filed 
a writ petition in the High Court of Orissa laying challenge to the rejection H 
524 
SUPREME COURT REPORTS [2003] SUPP. 3 S.C.R. 
A of her application and to the grant in favour of the appellant. During the 
pendency of the writ petit

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