AIR 2016 SUPREME COURT 1672 ::(2016) 2 CLR 44 (SC) ::2016 (11) SCC 455 ::(2016) 3 RecCivR 518 ::(2016) 3 Scale 562 ::AIR 2016 SC (Civil) 1483 ::(2016) 3 All WC 2561 ::(2016) 121 Cut LT 1112 ::(2016) 3 Mad LJ 467 ::(2016) 4 AndhLD 86 ::(2016) 3 JLJR 325 ::(2016) 4 Kant LJ 516 ::(2016) 3 JCR 91 (SC) ::(2016) 4 Pat LJR 11 ::(2016) 161 AllIndCas 65 (SC)

Supreme Court Of India

Hon'ble Judge(s): Jagdish Singh Khehar, C. Nagappan , JJ

(A) Mines and Minerals (Development and Regulation) Act (67 of 1957) , S.8(4), S.8A— Mineral (Concession) Rules (1960) , R.24A(6)— (inserted w.e.f. 12-01-2015) - (as amended w.e.f. 18-07-2014) - Renewal of mining lease - Claim for being possessed of subsisting mining lease by lease-holder desirous of lifting suspension order D/- 16-05-2014 imposed by Court in decision reported in 2014 (14) SCC 155 - Second renewal would expire w.e.f. 18-07-2014 on date i.e. of amendment to R. 24A(6), unless Govt. has passed express order in writing as mandated under S. 8(3) extending subsisting mining lease - Failure of State Govt. to attend application for extension of subsisting mining lease - Insertion of S.8A w.e.f. 12-01-2015 whereby all original mining lease grants made prior to insertion would be for uniform period of fifty years - S. 8A as amended would not only apply to leaseholders whose original lease/renewal lease period had not expired - But would also extend to leaseholders whose term of lease/renewal had expired prior to 12-01-2015 and the concerned leaseholder (s) had moved a valid application for renewal, within time prescribed - A leaseholder whose original lease has since expired, would still have a subsisting lease, if the original lease having been renewed, the renewal period was still in currency on 12-01-2015. (Para 26 32) ....