- (1.) Leave granted. These two appeals are preferred by the appellants M.P. State Mining Corporation Ltd. (hereinafter referred to as the "Mining Corporation") and the State of Madhya Pradesh (hereinafter referred to as the "State") against the common judgment dated 20th April, 2011 passed by the Division Bench of Delhi High Court in LPA No. 742 of 2010 with LPA No. 284 of 2011. By its impugned judgment, the Division Bench dismissed the appeals preferred by the Mining Corporation and the State with costs quantified at Rs.25,000/- for each appeal and affirmed the judgment dated 21st September, 2010 passed by the learned Single Judge of Delhi High Court.
(2.) The factual matrix of the case is as follows:- The Government of Madhya Pradesh on 3rd November, 1966 granted a mining lease over an area of 28.00 acres in Village Kari, District Tikamgarh, (M.P.) to one Rajendra Nath Bhaskar for extraction of Pyrophyllite and Diaspore minerals under the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as "the Act, 1957") read with Mineral Concession Rules, 1960 (hereinafter referred to as the "Rules, 1960") for a period of twenty years commencing from 3rd November, 1966 to 2nd November, 1986. After about 13 years, a notice dated 18th September, 1979 was issued to said Rajendra Nath Bhaskar by the Collector, Tikamgarh to show cause as to why his mining lease should not be revoked on the ground of certain breaches committed by him which were discovered during the inspection made by the Mining Inspector on 28th May, 1979. Rajendra Nath Bhaskar submitted his reply on 3rd October, 1979 and denied the alleged breaches. Thereafter, by an order dated 5th April, 1980, determination of the lease was done by the State Government in accordance with the then Rule 27(5) of the Rules, 1960, on the ground of contravention of Clause(f) and (g) of sub-rule (1) of Rule 27 of the Rules, 1960. A Revision Application was preferred by Rajendra Nath Bhaskar to the Central Government under Rule 54, read with Section 30 of the Act, 1957 which was ultimately dismissed by an order dated 6th April, 1981.
(3.) Being dissatisfied, Rajendra Nath Bhaskar challenged the order of determination and the order passed in revision application by filing Misc. Petition No. 805 of 1981 before the Madhya Pradesh High Court. The Division Bench of Madhya Pradesh High Court by its judgment dated 16th July, 1986 held that the impugned orders did not disclose the aspects which were taken into account and accordingly set aside the orders with direction to the State Government to decide afresh the question of determination of lease in accordance with law.;