S N SUNDERSEN AND CO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by the holder of a mining concession for a writ of certiorari and such other writ or order as this Court may consider appropriate. It is mainly directed against an order dated 4 January 1962 whereby the Sub-Divisional Officer, Katni (respondent 2), directed the petitioner to pay Rs. 2,570/- as compensation for the surface of 11. 35 acres of land before commencing the mining operations.

(2.) BY a provisional agreement dated 26 December 1960, the petitioner was allowed to extract and remove fire-clay from 58. 05 acres of land of village Jharela, tahsil Murwara, as therein specified. One of the terms of that agreement is that the petitioner shall observe and conform to the requirements of the Mineral concession Rules, 1949. On 17 April 1961, the petitioner applied for permission to commence the mining operations over 11. 35 acres of the land. The respondent 2, by his order dated 29 May 1961, overruled the petitioner's contention that, under section 247 (4) of the Madhya Pradesh Land Revenue Code, 1959, it was not liable to pay any compensation for the land which was grass land owned by the State government. Subsequently, by the impugned order dated 4 January 1962, the respondent 2 determined the compensation to be Rs. 2,570/- on the basis of the market-value of the land and directed the petitioner to pay the amount. Being aggrieved, and having paid the amount under protest, the petitioner has moved this Court.

(3.) BEFORE us, the direction to pay Rs. 2,570/-as compensation has been challenged as an illegal exaction not sanctioned bv the provisions of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter called the Act), and Section 247 of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter called the code ). In our opinion, this contention is, as we would show in the sequel, well-founded and must be accepted.