1976 (3) TMI 241 - SC - Indian Laws

Summary

Issues Involved:
1. Ownership and rights over fluvial deposits on land.
2. Interpretation of the Mines and Minerals (Regulation and Development) Act, 1957 and the Uttar Pradesh Minor Minerals (Concession) Rules, 1963.
3. Applicability of the U.P. Zamindari Abolition and Land Reforms Act, 1951.
4. Entitlement to compensation under Rule 67 of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963.

Summary:

1. Ownership and Rights Over Fluvial Deposits on Land:
The appellant claimed ownership of deposits left by the fluvial action of the river on his lands, arguing that as the owner or entitled user of the lands, he should have exclusive rights to these deposits. The Mines and Minerals Department of Uttar Pradesh, however, auctioned the right to remove these deposits, contending that they were 'minor minerals' vested in the State Government.

2. Interpretation of the Mines and Minerals (Regulation and Development) Act, 1957 and the Uttar Pradesh Minor Minerals (Concession) Rules, 1963:
Section 3(e) of the Act of 1957 defines "minor mineral" to include building stones, gravel, ordinary clay, ordinary sand, and any other mineral declared by the Central Government. Rule 3 of the Rules of 1963 prohibits any mining operation of minor minerals without a lease or permit from the Government. The Court held that the deposits in question fell within the definition of minor minerals, and thus, the appellant could not undertake mining operations without a lease or permit from the State Government.

3. Applicability of the U.P. Zamindari Abolition and Land Reforms Act, 1951:
Under section 4 of the Act of 1951, all estates in U.P. vested in the State Government, and section 6 extinguished all rights, title, and interest of intermediaries, including rights to mines and minerals. The appellant's contention that some lands were still under Zamindari rights was dismissed, as no argument was made in the High Court, and the appellant had no standing to raise a dispute between the Zamindar and the Government.

4. Entitlement to Compensation Under Rule 67 of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963:
Rule 67 entitles a person with rights in land covered by a mining lease or permit to compensation from the lease or permit holder for the use of the surface. The Court emphasized that the District Officer must consider all relevant factors, including the length of deprivation, when determining compensation.

Conclusion:
The Supreme Court confirmed the judgment of the High Court, holding that the appellant's rights to the deposits were extinguished under the Act of 1951 and vested in the State Government. The appeal was dismissed, and the appellant was not entitled to undertake mining operations without a lease or permit from the State Government. The Court also highlighted the appellant's entitlement to compensation under Rule 67 for the deprivation of land use due to mining operations.