AIR 1990 SUPREME COURT 1417 ::(1990) 1 RRR 591 ::1990 (3) SCC 182 ::(1990) 2 JT 248 (SC)

Supreme Court Of India

Hon'ble Judge(s): S. Ranganathan, A. M. Ahmadi , JJ

(A) Mines and Minerals (Regulation and Development) Act (67 of 1957) , S.4A— Mining lease - Premature termination - Opportunity of hearing must be given to lessee. Constitution of India, Art.226.@page-SC1418Mines - Premature termination of lease - Hearing to lessee necessary. The lessee of a mining lease is entitled to be heard before a decision to prematurely terminate his lease is taken. The subsequent amendment to S.4-A in 1986 lends support to the above view. Although it is true that the scope of S.4-A(1) has been widened, the insertion of sub-sec. (3) clearly reflects a statutory intention that an opportunity of hearing must be given before the order of termination is passed, presumably as such an order widely affects the rights of the lessees. It cannot be said that because an order under S. 4-A is to be passed in order to give effect to a policy of the Government, it is not necessary or useful to provide the lessee, whose leases are about to be terminated, an opportunity of hearing.(Para 11 12) (B) Constitution of India , Art.226— Relief - Petition to quash premature termination of mining lease - Relief for damages/compensation not claimed - Writ petition pending for about 17 years in Court - Held, it would not be proper to ask petitioner t....