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Head Note

Civil Law  - Mining Lease

Mines and Mineral (Development and Regulation) Act, 1957, Section 15 - U.P. Minor Minerals (Concession) Rules, 1963, Chapter IV and II - Mining Lease - Grant of - Vested right - Policy decision - Government Order - Grant of lease by auction - Plea of the appellants that they had acquired a vested right prior to G.O. dated 31st May, 2012 repelled - Held that Order dated 31st May, 2012 was issued by the State of U.P. to bring about transparency and to safeguard the Government revenue and was consistent with the decisions of the Apex Court in Article 14 of the Constitution - Validity thereof was upheld by the High Court in Nar Narain Mishra - The said judgment applied to the mineral in question as specifically laid down by the High Court - High Court upheld the stand of the State that pendency of application did not create any right in favour of the appellants - All applications pending as on 31st May, 2012 stood rejected including the application of the appellants - Admittedly, the appellants did not make an application after the changed policy dated 22nd October, 2014 and thus the said G.O. had no application to the present case - Appeal liable to be dismissed.

Topic(s)-Mining Lease - Grant of - Rejection of application valid