D.N. Patel, J. - (1.) This writ petition has been assigned to this Court by order dated 11.12.2014, passed by Hon'ble the Chief Justice in Division Bench.
(2.) In this writ petition letter dated 22.10.2014, issued by the respondent-State is under challenge, whereby the respondent-State is seeking consent of this petitioner to impose the conditions for renewal of lease as the application for renewal of lease is pending with the respondent-State with effect from 8.2.2008. This is an application for second renewal, because initially the lease period was granted for 30 years on 22.2.1949, and this lease period expired on in the year 1979. Again an application was preferred for renewal of the lease period, which was granted in the year 1987 with retrospective effect, i.e. from 1979. Thus, further period of 30 years, the lease was renewed, which was to be over on 21.2.2009, and therefore, within time limit of one year, before expiry of the said lease, on 8.2.2008 an application for renewal of lease was preferred and no such decision has been taken by the respondent-State and this letter dated 22.10.2014 has been issued for seeking consent to the petitioner-Company to impose conditions for renewal of lease.
(3.) Having learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that after the aforesaid letter has been written now Section 8-A has been inserted under the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the Act, 1957 for the sake of brevity). Similarly, the Mineral (Mining by Government Company) Rules, 2015 has also been enacted in exercise of power conferred under Section 13 of the Act, 1957. These rules have been enacted by the Central Government to be read with Section 8-A(8) of the Act, 1957 and also looking to the latest decision rendered by Hon'ble Supreme Court in the case of Common Cause v. Union of India and others in Writ Petition (Civil) No. 114 of 2014 by judgment dated 4.4.2016.;