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Issues: Whether the State could validly realise premium for grant of a mining lease under the Mineral Concession Rules, 1949, and whether the appellant was entitled to refund of the amount collected.
Analysis: The lease proposal was governed by statutory rules framed under section 5 of the Mines & Minerals (Regulation and Development) Act, 1948. Rule 41 of the Mineral Concession Rules, 1949 prescribed the conditions of a lease and referred to royalty, dead rent and surface rent, but did not authorise recovery of premium. The special conditions contemplated by rule 41(3) also required prior approval of the Central Government, which had not been obtained. The State was therefore bound to act strictly within the statutory scheme and could not impose terms outside the Rules.
Conclusion: The recovery of premium was unlawful, and the appellant was entitled to refund of the excess amount retained after adjustment of compensation already received.
Final Conclusion: The appeal succeeded only to the extent of directing repayment of the illegally realised amount, with no further claim surviving on the facts accepted by the appellant.
Ratio Decidendi: When a mining lease is regulated by statutory rules, the State cannot recover premium or impose additional lease conditions unless the Rules expressly authorise it and any required prior approval is obtained.
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