1996 (9) TMI 642 - SC - Indian Laws

Summary

Issues: Validity of transfer of leasehold rights under A.P. Mines & Mineral Concession Rule, 1966. Compliance with rules and constitutional objectives in lease transfers.

Issue 1: Validity of transfer of leasehold rights under A.P. Mines & Mineral Concession Rule, 1966.

The appeal before the Supreme Court arose from a judgment of the Andhra Pradesh High Court regarding the transfer of leasehold rights under the A.P. Mines & Mineral Concession Rule, 1966. The appellant had filed a revision under Section 35-A of the Rules challenging the transfer of leasehold rights from the original lessee to a private company. The transfer was made without the required permission from the competent authority. The Court examined whether the transfer was valid and sustainable in law under the relevant provisions of the Rules, which prohibit such transfers without prior authorization. The Court scrutinized the actions of the Deputy Director who had allowed the transfer and questioned the legality of the process followed in granting permission for the transfer.

Issue 2: Compliance with rules and constitutional objectives in lease transfers.

The Court delved into the constitutional implications of the lease transfer, emphasizing the importance of ensuring that such transactions serve the common good and socio-economic justice objectives enshrined in the Constitution. It highlighted the need to prevent illegal gratification, corruption, and nepotism in lease transfers that could undermine the constitutional philosophy. The Court observed that the transfer in question appeared to be a facade to comply with the law, aimed at securing unjustifiable enrichment for a private company. It raised concerns about the genuineness of the partnership involved in the transfer and concluded that the transaction was tainted with malafides and would defeat the constitutional objectives. The Court emphasized the role of the Government in restructuring rules and contractual clauses to align with constitutional principles and upheld the Government's decision to set aside the lease transfer. The appeal was allowed, the High Court's order was set aside, and the Government's decision was confirmed without costs.

By thoroughly analyzing the issues of the validity of leasehold rights transfer under the A.P. Mines & Mineral Concession Rule, 1966, and the compliance with rules and constitutional objectives in lease transfers, the Supreme Court underscored the importance of upholding legal provisions and constitutional principles in such transactions to prevent exploitation and ensure the equitable distribution of resources for the common good.