Janak Lal vs. State of Maharashtra and Ors. Country/Territory India Type of court National - higher court Date Aug 10, 1989 Source UNEP, InforMEA Court name Supreme Court of India Seat of court New Delhi Judge Verma, J.S.Sharma JJ., L.M. Language English Subject Land & soil, Mineral resources Keyword Mining Abstract Appeal from the Judgment and Order dated July 29, 1985 of the Bombay High Court in W.P. No. 2173 of 1979. This case is dependent on the correct meaning and scope of Rule 59 of the Mineral Concession Rules, 1960. A certain area in village Bazargaon, District Nagpur was reserved for Nistar purposes (that is, for grazing of cattle etc.). An application for grant of mining lease in respect of the disputed area had been rejected earlier on the ground that it was reserved for some other purpose. Subsequently, however, a mining lease in regard to the said area was granted in favour of respondent No. 4. The appellant challenged the allotment on the ground that the procedure for settlement as laid down in Rule 59 read with Rule 58 was not followed before the grant. The Bombay High Court dismissed that application on the ground that Rule 59 was confirmed to cases where earlier reservation was made for mining purposes. Allowing the appeal, the Supreme Court held: The grant of mining lease in favour of respondent No. 4 was illegally made in violation of Rule 58 of the Mineral Concession Rules, 1960. Rule 59 covered the instant case. Earlier the only category which was excluded from the application of this Rule was prospecting or mining leases. The effect of the 1963 amendment is that by omitting the words "other than prospecting or mining for minerals", prospecting and mining leases have also been placed in the same position as the other cases. The other cases to which the Rule applied earlier have not thus been excluded. It is clearly in the public interest to notify the proposal to grant a mining lease. The State and its authorities will, in that case, have the choice of selecting the most suitable person by following the just and equitable criteria laid down by the Rules. Full text COU-155490.pdf Available in http://indiankanoon.org/doc/1861743/