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of <h1>Court affirms dead rent charges for mining lease in Rajasthan, upholding State's authority. Lease renewals subject to current rules.</h1> <h3>Shri Sudarshan Mineral Co. Ltd. Bhilwara Versus Union of India (UOI) And Anr.</h3> The Court upheld the dismissal of the plaintiff's suit challenging dead rent charges imposed by the Government of Rajasthan for a mining lease. It ... - Issues:- Appeal against dismissal of suit for injunction and declaration regarding charging of dead rent.- Interpretation of Mining Leases (Modifications of Terms) Rules, 1956 and Mineral Concession Rules, 1960.- Validity of dead rent charges set by the Government of Rajasthan.- Applicability of Rule 27(1)(c) to lease renewals.- Impact of modifications made to the original lease on subsequent renewals.Analysis:1. The plaintiff's appeal challenged the dismissal of its suit by the Rajasthan High Court regarding the dead rent charges imposed by the Government of Rajasthan. The plaintiff's mining lease for mica was reduced to 10 sq. miles from 1500 sq. miles, and the dead rent was lowered to &8377; 6/- per acre. The renewal of the lease was granted at a dead rent of &8377; 8/- per acre, leading to the dispute. The plaintiff contended that the dead rent should remain at &8377; 6/- per acre.2. The appellant raised five key points in the appeal, including the interpretation of the agreement, the power of the State Government to modify lease terms, and the validity of Rule 27 in the renewal process. The respondents argued against the appellant's contentions, asserting that the appeal lacked merit. The Court rejected all arguments presented by the appellant, upholding the dismissal of the suit.3. The Court emphasized the authority of the State Government to set rules for mining leases under Section 13 of the Mines and Minerals (Regulation and Development) Act, 1957. Rule 27(1)(c) specified the yearly dead rent payable by lessees, ensuring certainty in the lease terms. The Court clarified that the State Government's power to fix dead rent rates fell within the prescribed limits, dismissing the appellant's claims of uncertainty and rule violation.4. The judgment addressed the application of Rule 27(1) to lease renewals, highlighting the necessity of adhering to the prescribed conditions. The modifications made to the original lease in 1959 were deemed valid for the lease's duration, but did not extend to subsequent renewals. The Court ruled that the renewed lease constituted a fresh agreement, subject to the rules in force at the time of renewal.5. Ultimately, the Court concluded that the State Government was not obligated to maintain the dead rent at the previous rate during lease renewals. The renewal process did not permit alterations to mandatory lease conditions, including the dead rent specified in Rule 27(1)(c). As the dead rent charged by the Government of Rajasthan was within the permissible limits, the appeal was dismissed with costs, affirming the lower court's decision.
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