Delhi High Court High Court

State Of Madhya Pradesh vs Sanjeev Bhaskar & Ors. on 20 April, 2011

Delhi High Court
State Of Madhya Pradesh vs Sanjeev Bhaskar & Ors. on 20 April, 2011
Author: Sanjay Kishan Kaul
*         IN THE HIGH COURT OF DELHI AT NEW DELHI


                                                        Reserved on : 04.04 2011
%                                                   Date of decision : 20.04.2011


+                            LPA No. 742 of 2010


THE M.P. STATE MINING CORPORATION LTD.                          ...       ... APPELLANT
                        Through :       Mr. Viplav Sharma, Advocate.

                                     -VERSUS-

SANJEEV BHASKAR & ORS.                  ...       ...       ...     ...      RESPONDENTS
                        Through :       Ms. Kriti Mishra, Adv. for R - 1.
                                        Mr. Anurag K., Adv. for R - 2.
                                        Mr. Mallikarjuna for
                                        Mr. Saleem Ahmed, Adv. for R - 3.


                                        AND


+                            LPA No. 284 of 2011


STATE OF MADHYA PRADESH ...                       ...       ...       ... APPELLANT
                        Through :       Mr. Viplav Sharma, Advocate.

                                     -VERSUS-

SANJEEV BHASKAR & ORS.                  ...       ...       ...     ...      RESPONDENTS
                        Through :       Ms. Kriti Mishra, Adv. for R - 1.
                                        Mr. Anurag K., Adv. for R - 2.
                                        R - 3 : Proforma Party.

CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON‟BLE MR. JUSTICE RAJIV SHAKDHER


1.      Whether the Reporters of local papers
        may be allowed to see the judgment?                             YES

2.      To be referred to Reporter or not?                              YES

3.      Whether the judgment should be                                  YES
        reported in the Digest?


_____________________________________________________________________________________________
LPA Nos. 742/2010 & 284/2011                                                     Page 1 of 19
 SANJAY KISHAN KAUL, J.

1. A mining lease was granted on 03.11.1966 to late Shri R.N.

Bhaskar, father of respondent No. 1 herein, in respect of an

area of 28 acres (11.331 hectares) for Pyrophyllite and

Diaspore minerals in Village Kari, Distt. Tikamgarh, Madhya

Pradesh for a period of 20 years from 03.11.1966 to

02.11.1986. A show-cause notice was issued to the lessee

alleging violation of two conditions of the mining lease on

18.09.1979, which was replied to by the lessee on

03.10.1979. The State of Madhya Pradesh (i.e., appellant in

LPA No. 284/2011) not being satisfied, determined the lease

on 05.04.1980.

2. The lessee assailed this order by filing a revision application

before the Central Govt., Ministry of Mines, but the same was

also dismissed on 06.04.1981. The determination of the

lease was, thus, assailed in a writ petition filed before the

Madhya Pradesh High Court in Misc. Petition No. 805/1981. It

may be noticed that during the pendency of this petition, the

original lessee died leaving behind his wife, two sons and two

daughters as his legal heirs. These legal heirs were brought

on record in the writ proceedings. The writ petition came to

be decided by the Division Bench on 16.07.1986. The said

Order noticed that from the stand of the State Govt., it

appeared that the determination of lease was only on

account of clauses (f) and (g) of sub-rule (1) of Rule 27 of the

Mineral Concession Rules, 1960 (hereinafter referred to as,

„the said Rules‟), which provided for commencement of the
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LPA Nos. 742/2010 & 284/2011 Page 2 of 19
mining operation within one year from the date of execution

of the lease deed unless the State Govt., for sufficient cause,

permits otherwise. There was also a requirement to erect

and maintain the boundary marks and pillars necessary to

indicate the demarcation of the leased area. The Division

Bench noticed that there was no finding by any of the

authorities that the lessee did not commence mining

operation within one year from the date of execution of the

lease and such a ground was not even mentioned in the

show-cause notice. In so far as the other aspect of erection

and maintenance of boundary marks and pillars was

concerned, the show-cause notice referred to the breaches

specified in the report of the Mining Inspector dated

28.05.1979. In this behalf, the Collector by his order dated

27.07.1979 had issued directions to all the lessees in the area

to have their area re-demarcated according to the directions

given in that order and the effect of such a direction was

required to be gone into which fact was not apparent from

the impugned orders. The Madhya Pradesh High Court, for

the reason set out hereinabove, held that the determination

of lease by the State Govt. and dismissal of the revision

application could not be upheld and the matter should be re-

examined and decided afresh by the State Govt.

3. We may notice that in the interregnum period between the

determination of lease on 05.04.1980 and the filing of

revision application before the Central Govt. on 06.04.1981,

The Forest (Conservation) Act, 1980 (hereinafter referred to

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LPA Nos. 742/2010 & 284/2011 Page 3 of 19
as, „the Forest Act‟) was enacted by the Parliament and it

came into force on 27.12.1980. Section 2 of the Forest Act

required prior approval of the Central Govt. by the State

Govt. inter alia in respect of utilization of any forest land or

any portion thereof for any non-forest purpose. The mining

lease is stated to be in the forest area.

4. In pursuance of the aforesaid Order dated 16.07.1986 of the

Division Bench of the Madhya Pradesh High Court, no suo

moto order was passed by the State Govt. and the next event

was the application filed by the legal heirs of the lessee on

02.09.1986 praying for them to be brought on record as the

legal heirs and to permit the mining operation to be carried

out for the balance period of 20 years, which came to 6

years, 6 months and 29 days. The lease could not be

operated for this balance period due to the action of the

determination of lease, which decision had been quashed by

the Order dated 16.07.1986. However, no order was passed

on the application.

5. Instead of passing any orders, a demand notice is stated to

have been sent from the Office of Collector, Tikamgarh

demanding dead rent for the period before expiry of the lease

deed in view of the audit / inspection note. This notice was

sent on 08.06.1990. The matter did not rest at this since

even subsequently demand notices were sent for dead rent

on 14.08.1990 and 08.12.1993, which according to the State

of Madhya Pradesh were inadvertently sent. The stand of the

State Govt. is that as per the terms of the lease, 20 years‟

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LPA Nos. 742/2010 & 284/2011 Page 4 of 19
period expired on 02.11.1986 due to efflux of time, i.e.,

couple months after the order was passed by the Division

Bench of the Madhya Pradesh High Court on 16.07.1986 and

the original lessee never made any application in the

prescribed form and manner for grant of the mining lease

either by way of a fresh grant or by way of renewal. It has

been, thus, stated that the lessee was not actually a holder of

a lease when the dead rent for subsequent period was

demanded. Such dead rent could have been demanded only

for an existing lease in view of the provisions of Section 9A of

the Mines and Minerals Development Regulation Act, 1957

(hereinafter referred to as, „the said Act‟).

6. Respondent No. 1 kept on making representations inter alia

on 28.08.1996, 14.04.1997 and 23.09.1997. Since these

representations were not leading to any fruitful result,

respondent No. 1 filed a contempt petition on 07.10.1998

before the High Court of Madhya Pradesh, which was

registered as Contempt Petition No. 186 of 1998. The

contempt petition was held to be barred by time and was,

thus, not entertained, but simultaneously the Division Bench

of the Madhya Pradesh High Court observed that it had hope

and trust that the Govt. would implement the Order passed

by the Court in 1986, if they had not implemented the same

so far.

7. The State Govt. for the first time responded only on

21.04.1999 declining to extend the mining lease on the

ground that in view of the Order passed by the High Court on

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LPA Nos. 742/2010 & 284/2011 Page 5 of 19
16.07.1986, the mining lease was automatically restored for

the remaining period upto 02.11.1986. The absence of any

direction by the High Court for extension / renewal of the

lease was cited in support of this stand and the direction

being only for the State Govt. to decide afresh the question of

determination of the lease of the lessee (i.e., respondent No.

1).

8. Respondent No. 1 filed a revision application before the

Central Govt., Ministry of Mines under Section 30 of the said

Act read with Rule 56 of the said Rules on 07.07.1999. It is

during the pendency of this application that the State of

Madhya Pradesh claims to have granted a lease for 5

hectares of the mining area out of 11.331 hectares to the

M.P. State Mining Corporation (i.e., the appellant in LPA No.

742/2010 and hereinafter referred to as, „the Corporation‟) on

30.07.1999. The Central Govt. granted interim stay directing

the State Govt. not to grant the mining lease to any third-

party on 12.08.1999, but without the knowledge of what

transpired on 30.07.1999. The Corporation filed a Writ

Petition No. 3914/1999 before the Madhya Pradesh High

Court on 24.08.1999 seeking directions against the

respondents to execute a lease deed for a period of 20 years

commencing from the date of execution in terms of the grant

made on 30.07.1999. Interestingly, respondent No. 1 herein

was not made a party though in one paragraph, there is an

allegation about the pendency of the revision application.

The respondents being the State Govt. and the Collector, who

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LPA Nos. 742/2010 & 284/2011 Page 6 of 19
were really supporting parties to the Corporation, failed to file

any return. It is in view of failure of this return that on

15.09.1999, interim mandamus was issued to execute the

mining lease in favour of the Corporation, which is stated to

have been so executed on 25.09.1999. We were informed

orally by the counsels that the writ petition was apparently

disposed of as infructuous and actually no final mandamus

was granted in the matter.

9. Respondent No. 1 filed another revision application before the

Central Govt. on 15.12.1999 inter alia praying for quashing of

the grant made on 30.07.1999. The first revision application

was dismissed on 07.11.2001 by the Mines Tribunal, which

was assailed by respondent No. 1 by filing Writ Petition (Civil)

No. 8033/2002 before this Court. The second revision

application was dismissed on 31.12.2002 inter alia on the

ground that the lease was executed in favour of the

Corporation by the State Govt. in compliance of the Order

dated 15.09.1999 of interim mandamus by the Madhya

Pradesh High Court, which order was assailed by respondent

No. 1 by filing Writ Petition (Civil) No. 5809/2004 before this

Court. Counter affidavits were filed in both the matters and

by the common impugned judgment dated 21.09.2010, both

the writ petitions have been allowed holding that the grant

could not have been made in favour of the Corporation and

that respondent No. 1 was entitled to the benefit of the

remaining unexpired period of the original lease to begin

from the date the decision is taken by the State Govt.

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LPA Nos. 742/2010 & 284/2011 Page 7 of 19
pursuant to the impugned judgment, but subject to the

petitioner (respondent No. 1 herein) complying with all the

requirements of the said Act and the said Rules and any other

applicable law and paying the dead rent and other charges as

required by law. It is this Order, which is now assailed in the

two LPAs filed by the State of Madhya Pradesh and the

Corporation.

10. We may notice at the inception that a technical plea has been

sought to be raised that the rule was issued in both the writ

petitions and the writ petitions were directed to be listed on

the Regular Board. When these writ petitions came up for

hearing, the counsels for the respondents were not present

and the Registry was directed to issue court notices to the

respondents. The counsel for the State of Madhya Pradesh

was served, but service to the counsel for the Corporation

was awaited. No fresh notice was issued to the counsel for

respondent No. 3 and it is the counsel for the State of Madhya

Pradesh who represented in the matter as the service of

respondent No. 2 on the State of Madhya Pradesh was also

treated as the service on the Corporation even though the

counsels were different.

11. In respect of the aforesaid, we may note that both the State

of Madhya Pradesh and the Corporation are represented by

the same counsel before us. Once rule was issued in the

matter, it was the responsibility of the counsels to keep track

of the matter and to appear when the matter was listed for

regular hearing. The counsel for both the set of appellants

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LPA Nos. 742/2010 & 284/2011 Page 8 of 19
before us failed to do so. Learned Single Judge was not

required to issue invitation letters to the counsels to appear

before him, but still took the precaution of issuing court

notices. This can hardly be stated to be any procedural

defect and we, thus, reject the plea based on the same

outright.

12. A perusal of the impugned judgment shows that the

reasoning of learned Single Judge is predicated on the

decision rendered by the Division Bench of the Madhya

Pradesh High Court on 16.07.1986 and the failure of the State

Govt. to take any action in pursuance thereof. The

conclusion reached is that once the determination of the

lease was held to be invalid, the period spent between the

determination of the lease and the decision of the High Court

when the lessee could not utilize the lease has to be naturally

compensated by permitting respondent No. 1 to utilize the

mining area for the remaining part of the statutory lease. It is

not even in dispute that the statutory lease is hereditary in

character as per the terms of the lease deed. The request

made by respondent No. 1 to include his name in place of his

father by giving no objection certificates from other legal

heirs was never rejected, but, on the other hand, the relevant

documents were sought from respondent No. 1. Rule 25A(2)

of the said Rules, in fact, provides that if a lessee in whose

favour an order is passed granting or renewing the lease dies

before the deed is executed, the order shall be deemed to

have been passed in the name of the legal representatives of

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LPA Nos. 742/2010 & 284/2011 Page 9 of 19
the deceased. The State Govt. also accepted the dead rent

from 1980 to 1999 for which the only explanation given is

that it was by error. The case was treated not as one for

renewal, but even assuming it was for renewal of lease, the

letter of respondent No. 1 dated 02.09.1986 was observed to

be liable to be treated as one for renewal and the delay could

have been condoned. Learned Single Judge has held that the

binding nature of the judgment delivered by the Madhya

Pradesh High Court on 16.07.1986 could not be ignored and

an interpretation, which would defeat the said Order, was

unjustified.

13. Learned Single Judge, thus, concluded that the original lease

cannot be said to have expired on 02.11.1986 when it was

made unworkable by wrongful determination of the lease as

held by the Order dated 16.07.1986, which Order became

final and binding not having been assailed any further. The

period of mining lease lost was, thus, liable to be

compensated by permitting mining activity for a further

period to the extent of the loss of the period as per the

original lease.

14. Another aspect taken note of is that respondent No. 1 was

never informed of the non-filing of any application, which

may be required. Learned Single Judge has taken due care

while granting the benefit for the remaining period of the

unutilized period of the lease by making it subject to the

decision of the State Govt. and subject to respondent No. 1

fulfilling all the requirements under the said Act, the said

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LPA Nos. 742/2010 & 284/2011 Page 10 of 19
Rules and any other applicable law apart from paying dead

rent and other charges as required by law.

15. The grant of 5 hectares of lease has been held to be illegal as

it was in the teeth of the order passed by the Tribunal on

12.08.1999. At least, no lease deed could have been

executed pursuant thereto.

16. Learned counsel for the appellants sought to contend that

when the determination of lease was challenged before the

Madhya Pradesh High Court, a stay application had been

filed, which was dismissed as withdrawn. It was submitted

that had respondent No. 1 obtained an interim relief, it could

have worked the lease for the remaining period, but it chose

not to do so. Such a plea, to say the least, is specious. The

non-grant of an interim order or withdrawal of the application

for interim relief certainly cannot defeat the final relief. To

accept a plea that the lease would have worked itself out if

interim orders were granted, but since no interim orders were

granted and the decision for the determination of lease has

been held to be invalid, the lessee is entitled only to the

remaining period of the lease as per the original lease, is

totally unsustainable.

17. A second limb of the argument, which flows from the Order of

the Madhya Pradesh High Court dated 16.07.1986, is that no

specific direction had been passed for renewal of the lease

for the period when it was not enjoyed. We may note that

the determination was quashed and the State Govt. was

called upon to decide the question afresh. The State Govt.

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LPA Nos. 742/2010 & 284/2011 Page 11 of 19
chose not to pass any fresh order, but sat over the matter

despite repeated representations made on the part of the

lessee / legal heirs (i.e., respondent No. 1). The State Govt.

seeks to take advantage of its own silence / inaction. The

fact that respondent No. 1 did not approach the Court earlier

in contempt proceedings and the consequent dismissal of the

contempt petition on the ground of limitation cannot

strengthen the hands of the State Govt. in this behalf apart

from the fact that a pious hope was expressed by the Bench

while dismissing the contempt petition on grounds of

limitation that the State Govt. would pass an appropriate

order in compliance of the Order dated 16.07.1986, if it had

not done so.

18. Learned counsel for the appellants also sought to raise the

issue of non-compliance of the Forest Act. It was submitted,

before us, that introduction of the Forest Act in the

interregnum period made it mandatory for respondent No. 1

to take necessary clearances, as was done by the Corporation

from the Central Govt. and then make an application.

Respondent No. 1 ought to have known the said fact, but

failed to make such an application. Once again, this plea is

only to be stated to be rejected. The occasion for the same

would arise after the State Govt. would have passed a fresh

order in pursuance of the Order of the Division Bench dated

16.07.1986 or would have mutated the lease in favour of the

legal heir(s) as requested for on 02.09.1986. The State Govt.

failed to do so. In any case, learned Single Judge, as

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LPA Nos. 742/2010 & 284/2011 Page 12 of 19
observed above, has taken due precaution to make the order

conditional on grant of all permissions and we find force in

the contention of learned counsel for respondent No. 1 that

they would get the benefit only after they have obtained the

permissions for which they have even taken steps post the

impugned decision, but the interim order granted by the

Division Bench in the present appeals came in the way. The

issue of these compliances would, thus, arise much later and

the State Govt. need not to have any worry on that account

as the obtaining of requisite permissions is a pre-requisite to

the operation of mining lease by respondent No. 1.

19. Learned counsel for the Corporation laid great emphasis on

the fact that the mining lease executed in its favour by the

State Govt. was a sequittur to the Orders passed in the writ

petition filed by it before the Madhya Pradesh High Court

being Writ Petition (Civil) No. 3914/1999. We may notice that

the said writ petition was filed without impleading respondent

No. 1 as a party though the challenge laid to the order passed

by the Central Govt. on 12.08.1999 directly affected

respondent No. 1. There was only a passing reference in one

paragraph about the order being passed and the State Govt.

conveniently failed to file any return as is apparent from the

Order dated 15.09.1999. Not only that, the counsel for the

State Govt. stated that he had no instruction in the matter. It

is in view thereof that an interim mandamus was granted at

the back of respondent No. 1 by not bringing the clear picture

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LPA Nos. 742/2010 & 284/2011 Page 13 of 19
and thereafter writ petition is stated to have been disposed of

as infructuous without any final mandamus being issued.

20. The material fact is that both the appellants seemed to be

under a mistaken belief that the present case is one of

renewal of a lease. It is really not so. No doubt, the original

period of lease expired, but the decision of the determination

of lease by the State Govt. was held to be invalid. Thus, the

benefit, which is sought to be given to respondent No. 1, is

for the period when dead rent was being charged and

respondent No. 1 could not operate the lease on account of

the invalid decision of termination till the same was set aside

by the High Court.

21. The last aspect urged by learned counsel for the appellants is

arising from the plea of lack of inherent jurisdiction in Delhi

High Court. In this behalf, learned counsel relied upon the

decision of the Supreme Court in Sushil Kumar Mehta v.

Gobind Ram Bohra (Dead) Through His LRs, (1990) 1 SCC 193

wherein in para 26, it has been observed that a decree

passed by a court without jurisdiction over a subject matter

goes to the root of its exercise of jurisdiction as the court is

coram non judice and the decree would be nullity. Such plea

of invalidity can be raised at any time. This judgment has

been cited as in the impugned judgment, there is no

discussion on the aspect of any lack of inherent jurisdiction

and this plea was obviously not urged at the stage of

arguments as otherwise it would have certainly been dealt

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LPA Nos. 742/2010 & 284/2011 Page 14 of 19
with. No review application was filed before the learned

Single Judge alleging that any plea urged had been left out.

22. We can hardly disagree with the aforesaid principle and are

rather bound by it, the legal principle being enunciated by the

Supreme Court. However, this would be so if there is such an

inherent lack of jurisdiction. We, thus, squarely put to

learned counsel for the appellants as to how can he argue

such a case of inherent lack of jurisdiction. Learned counsel

for the appellants submitted that since the mine was located

in Madhya Pradesh, respondent No. 1 had approached the

Madhya Pradesh High Court earlier, this Court would have no

territorial jurisdiction. Reliance was sought to be placed on

the judgment of the Supreme Court in Stridewell Leathers (P)

Ltd. & Ors. v. Bhankerpur Simbhaoli Beverages (P) Ltd. &

Ors., (1994) 1 SCC 34. In our considered view, the said

judgment has no application in the facts of the present case.

The judgment related to the expression “the High Court”

used in Section 10-F of the Companies Act, 1956, which was

held to mean the High Court having jurisdiction in relation to

the place at which the registered office of the company

concerned was situated in view of Section 2(11) read with

Section 10(1)(a) of that Act.

23. An interesting aspect is that both the learned counsels, i.e.,

learned counsel for the appellants as well as learned counsel

for respondent No. 1, seek to rely upon the judgment in

Kusum Ingots & Alloys Ltd. v. Union of India & Anr., (2004) 6

SCC 254. In our considered view also, that is the judgment

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LPA Nos. 742/2010 & 284/2011 Page 15 of 19
which would govern the matter in issue. Learned counsel for

respondent No. 1 drew our attention to para 27 of that

judgment, which reads as under :-

“27. When an order, however, is passed by a court
or tribunal or an executive authority whether under
provisions of a statute or otherwise, a part of cause
of action arises at that place. Even in a given case,
when the original authority is constituted at one
place and the appellate authority is constituted at
another, a writ petition would be maintainable at
both the places. In other words, as order of the
appellate authority constitutes a part of cause of
action, a writ petition would be maintainable in the
High Court within whose jurisdiction it is situated
having regard to the fact that the order of the
appellate authority is also required to be set aside
and as the order of the original authority merges with
that of the appellate authority.”

(emphasis supplied)

24. It is, thus, obvious from the aforesaid observations of the

Apex Court that given the location of the appellate authority

in Delhi, the Delhi High Court could hardly be said to be

coram non judice and a writ petition would be maintainable

both in the Madhya Pradesh High Court and the Delhi High

Court. We enquired from learned counsel for the appellants

as to in what manner this judgment supported his case. We

found no satisfactory answer other than the endeavour of the

counsel to read other paragraphs which have no relevance in

the present case. Those paragraphs were relating to the

issue of law enacted by Parliament being assailed in the Delhi

High Court merely because the situs of the Parliament was in

Delhi. It was, thus, held that the facts pleaded must have a

nexus on the basis of which a prayer is granted and the

passing of legislation by itself does not confer any right to file

a writ petition unless a cause of action has arisen thereof. A
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LPA Nos. 742/2010 & 284/2011 Page 16 of 19
distinction was, thus, made between a legislative action and

an executive action. Learned counsel for the appellants once

again sought to shift the focus to the judgment in Stridewell

Leathers (P) Ltd. & Ors.‟s case (supra) by contending that

that was also a Supreme Court judgment. This is hardly a

plea expected of the counsel when the judgment dealt with

the matter in respect of the Companies Act, 1956 and the

subsequent judgment of a Bench of three Judges in Kusum

Ingots & Alloys Ltd.‟s case (supra) had squarely dealt with the

issue and, thus, would be the governing law.

25. Learned counsel for the appellants sought to refer to Article

214 of the Constitution of India to contend that there has to

be a High Court for each State and, thus, the exercise of

jurisdiction by the Delhi High Court goes to the root of the

federal structure! We just fail to understand this kind of plea;

which is sought to be raised when the matter pertains to the

issue as to whether the Delhi High Court would also have the

jurisdiction in the matter by reason of the situs of the

statutory appellate authority. We, in fact, put to learned

counsel for the appellants that there is a Full Bench judgment

of this Court in this behalf in New India Assurance Co. Ltd. v.

Union of India & Ors., 161 (2009) DLT 55 = AIR 2010 Delhi 43

but the learned counsel is unaware of the same. Ignorance is

bliss!

26. In the end, we would like to emphasize that we expect the

counsels to adhere to the directions passed by the Court. On

the last date of hearing, we had clearly observed that

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LPA Nos. 742/2010 & 284/2011 Page 17 of 19
counsels for the parties should keep ready short synopsis

running into not more than two pages each. The objective of

this is to ensure that both the counsels in the Court can focus

on the matter in issue. This was not done. The result was

that the counsel for the appellants strayed from one aspect to

the other intermingling different issues and to the extent

arguing on matters which were not even urged before the

learned Single Judge. All that the learned counsel said was

that they were mentioned in certain grounds. The Court is

not expected to read each ground, but bases its conclusions

on the submissions advanced in the Court. Thus, only

matters, which are urged, are expected to be decided and if

some matter urged has been left out, an approach must be

made to get the matter rectified by pointing the same out to

the relevant court. This was also not done. We have

emphasized this fact because the net result is that larger

consumption of judicial time before the appellate forum like

us without any focus on the matter in issue.

27. We are clearly of the view that the apprehensions of the

appellants, especially the State of Madhya Pradesh, arising

from the Forest Act are also without any basis, even though

they were never urged before the learned Single Judge. In

our considered view, the learned Single Judge has worded the

impugned judgment in a manner which takes care of the

interest of parties. The effect of the impugned judgment is

that the decision of the determination of lease having been

quashed by the competent court vide Order dated

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LPA Nos. 742/2010 & 284/2011 Page 18 of 19
16.07.1986, the lessee must get the benefit of that decision

by being able to enjoy the lease for the period he was

deprived of on account of the decision struck down. It is,

thus, not a case of a fresh lease or a renewal of lease in that

sense. Learned Single Judge has also taken due care to

incorporate the compliance required of respondent No. 1 by

making it obligatory on him to comply with all the

requirements of the said Act, the said Rules and “any other

applicable law” apart from paying dead rent and other

charges as required by law. This is clearly set out in para 24

of the impugned judgment.

28. In view of the aforesaid, we find the appeals meritless and

dismiss the same with costs quantified at Rs.25,000/- for

each appeal. Interim orders stand vacated.

SANJAY KISHAN KAUL, J.

APRIL 20, 2011                                          RAJIV SHAKDHER, J.
madan




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