2023 INSC 661 REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 1162-1171 of 2016

THE STATE OF RAJASTHAN & ORS. ...APPELLANTS

VERSUS

SHARWAN KUMAR KUMAWAT ETC. ETC ....RESPONDENTS

WITH

C.A. Nos. 1212-1214/2016

C.A. Nos. 1207-1211/2016

C.A. Nos. 1202-1206/2016

C.A. Nos. 1182-1186/2016

C.A. Nos. 1172-1176/2016

C.A. Nos. 1177-1181/2016

C.A. Nos. 1187-1189/2016

C.A. Nos. 1197-1199/2016

C.A. Nos. 1195-1196/2016

C.A. Nos. 1200-1201/2016

C.A. Nos. 1190-1194/2016

J U D G M E N T

M.M. SUNDRESH, J.

1.In all these appeals the Appellants seek to overturn the decision of the Division

Bench of the Rajasthan High Court, Jaipur Bench declaring sub-rule (10) of

Rule 4 and sub-rule (3) of Rule 7 of the Rajasthan Minor Mineral Concession

Rules, 1986 (hereinafter referred to as “the Rules”) as unconstitutional.

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2.Heard Dr. Manish Singhvi, learned Senior Advocate, appearing for the

Appellants and Ms. Shobha Gupta, learned Advocate-on-Record & Ms. Ankita

Gupta, learned Advocate, appearing for the Respondents.

A VISIT TO THE RULES:

3.The Rules were brought into statute by the first appellant in exercise of the

powers conferred by Section 15 of the Mines and Minerals (Development and

Regulation) Act, 1957 (hereinafter referred to as “1957 Act”) for regulating the

grant of quarry licenses, mining leases and other mineral concessions qua minor

minerals. Chapter II of the Rules deals with grant of leases. Rule 7 speaks of

preferential rights of certain persons. As per the said Rule, in existence prior to

the amendment made on 28.01.2011, one applicant shall have a preferential

right over the others on the sole basis of his application being made prior in

point of time. This preferential right was not made available when an

application is received from a Government Company or Corporation. It is to be

noted, that this Rule does not stand in the way of the first appellant in making

appropriate amendments to the Rules in general. Sub-rule (2) of Rule 7 has

provided a list of entities, entitled for a lease on an order of priority.

4.The Rules, aforesaid, went through amendments. By way of a Notification dated

28.01.2011, sub-rule (10) had been introduced to Rule 4 placing a condition that

there cannot be a mining lease in a Government land excluding marble and

granite, unless the area is delineated and thereafter applications are to be

invited. However, the proviso went on to say that the applications pending on

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the date of the Notification shall be disposed of as per the prevailing Rules prior

to it. Perhaps this must have been on account of a wrong understanding of the

order passed by the High Court.

5.A further amendment was made to Rule 7 by way of substitution of sub-rule (3),

“(3) Notwithstanding anything contained in sub-rule (1) and (2) above, the area

for mining lease in the Government land for minerals other than Marble and

Granite shall be reserved under rule 73, for allotment after delineation. New

System shall be effective from the date of the issue of the notification and the

applications received prior to notification shall be disposed of as per prevailing

rules in force prior to this notification. Prior to delineation all requisite NOC’s

shall be procured by the department. Out of these delineated plots 50% shall be

allotted by auction and the remaining 50% shall be allotted to the following

categories of persons, as per percentage indicated against each category:-

(i)Persons who undertake to install a crusher / mineral based

industry;

10%

(ii)Manual workers belonging to Scheduled Castes / Scheduled

Tribes / Other Backward Classes / Special Backward Class

employed in Mines;

5%

(iii)Manual workers other than Scheduled Castes / Scheduled

Tribes / Other Backward Classes / Special Backward Class

employed in mines;

5%

(iv)Persons belonging to Scheduled Castes / Scheduled Tribes /

Other Backward Classes / Special Backward Class

20%

(v)Persons identified as Below Poverty Lines; 10%

(vi)Ex-soldiers including member of para military forces

belonging to Rajasthan, who have been permanently disabled

or dependents of those who have died while in service;

5%

(vii)Rajasthan State Government servants who have been

permanently disabled while on duty or the dependents of those

who have died while in service;

5%

(viii)Societies of Unemployed youth of Rajasthan; 30%

(ix)Other persons; 10%

In the reserved area applications will be invited after 30 days of notification

and the applications received within a period of 30 days after 30 days of

notification shall be treated as received on the same day. The applications shall

be disposed of by way of lottery.

(vi) after the existing sub-rule (4), the following new sub-rule (5) shall be

added, namely:-

“(5) If a short term permit application is received from a contractor who has

been awarded work for National/State Highway (road construction project)

shall be given priority over an application of mining lease received within a

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period preceding 3 months from date of short term permit application subject to

following conditions –

(a)Short term permit application has been filed within 6 months from

the date of award of contract;

(b)the National/State Highway (road construction project) is not more

than 100 km. away from the short term permit area applied for; and

(c)short term permit shall be subject to the conditions of rule 63.

Provided that this sub rule (5) shall remain in force till 31

st

March, 2012 & their

after it will be reviewed again by the government.”

6.For the first time, the first appellant thought it fit to introduce the process of

auction, while making it clear that the applications received prior to 27.01.2011

shall be disposed of as per the prevailing rules, in force earlier.

7.The Rules aforesaid went through further amendment by way of Notification

dated 03.04.2013 by which all the pending applications are to be rejected,

Rule 4 sub-rule (10):

“(10) No mining lease in Government land, including the forest land for which

diversion is granted by the Central Government under Forest (Conservation)

Act, 1980, shall be granted on an application by the applicant unless the area is

delineated and applications are invited by the Government. All the applications

which are presented in Government Land upto 27-01-2011, except the

application presented by person having preferential right under the rule 3N or

sub-rule (1) of rule 11, in respect of which lease deed as per rule 19 has not

been executed shall be rejected.”

Rule 7 sub-rule (1):

“7. Procedure for grant of lease:- (1) In Government land, the mining lease

shall be granted after the area is first delineated, plots suitably numbered and a

notification inviting application is published in two daily newspapers, at least

one of which is state level and other having wide publicity in the area where

lease are being allotted. The notification shall be published at least 30 days

before the intended date of inviting applications and shall contain the date or

the period within which applications shall be received. Out of these delineated

plots of committee constituted under sub-rule (3) of rule 23A shall reserve 50%

of plots which shall be allotted by auction/tender and the remaining 50% shall

be allotted by way of lottery to the following categories of persons as per

percentage mentioned against each category:-

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(i)Persons who undertake to install a crusher / mineral based

industry;

10%

(ii)Manual workers and widows of manual workers belonging to

Scheduled Castes/Scheduled Tribes/Other Backward

Classes/Special Backward Class employed in Mines;

5%

(iii)Manual workers and widows of manual workers other than

Scheduled Castes/Scheduled Tribes/Other Backward

Class/Special Backward Class employed in mines;

5%

(iv)Persons belonging to Scheduled Castes/ Schedule Tribes /

Other Backward Class / Special Backward Class;

20%

(v)Persons identified as “Below Poverty Line”; 10%

(vi)Freedom fighter/Ex-soldiers including members of para

military forces belonging to Rajasthan who have been

permanently incapacitated or dependents of those who have

died while in service;

5%

(vii)Rajasthan State Government servants who have been

permanently disabled while on duty or the dependents of

those who have died while in service;

5%

(viii)Persons with disabilities (disabled persons) other than those

covered in Categories (vi) & (vii) above;

5%

(ix)Societies of Unemployed youth of Rajasthan; and 25%

(x)Other persons: 10%

Provided that mining leases for mineral bajri shall only be granted by way of

tender or auction.”

8.We have been informed at the Bar by Dr. Singhvi, that even these Rules

underwent further amendments creating a new procedure by way of e-auction.

While taking note of the said submission, we do not wish to say anything on

that count.

9.In conclusion, the impugned Rules undertake two exercises; the process of

auction as existed earlier, and creation of a level playing field by declaring all

the pending applications, meant to be considered on a first-come first-serve

basis, as rejected.

BACKGROUND FACTS:

10.Applications were invited for leasing out minor minerals by the Appellants vide

Notification dated 23.05.2003. Scores of persons made their applications. The

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Notification dated 23.05.2003 was followed by Notification dated 24.04.2007

declaring the applications made for four villages qua sandstone as rejected in

exercise of the power conferred under Rule 65A of the Rules. An exercise of

delineation was expected to be undertaken followed by fresh applications. Thus,

this Notification, and the subsequent Notification, are area centric, restricted to

four villages and that too for sandstone and also masonry stone which is nothing

but a by-product of the former. Writ petitions were filed by some of the

applicants before the High Court of Rajasthan. They were accordingly allowed,

inter-alia holding that such a restriction applied only for four districts alone and

cannot be sustained in the eye of law as there is no material available to invoke

Rule 65A of the Rules in the purported interest of mineral development. While

quashing the Notification dated 24.04.2007, the High Court specifically directed

the Appellants to revive the applications of the writ petitioners therein and to

consider them in accordance with law.

11.After the orders passed by the High Court on 21.05.2009, amendments were

made to the Rules vide Notification dated 28.01.2011, as noted by us earlier.

Thereafter, in compliance with the order of the High Court, a Government

Order was passed on 16.11.2011 facilitating the relief to such of those

applicants who approached the High Court. A consequential Government Order

was also passed on 28.11.2011 for payment of royalty by masonry stone

applicants before grant of any lease. These two orders were put into challenge

by certain other applicants other than the writ petitioners in the earlier round,

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inter-alia contending that the same benefits will have to be extended to them as

well.

12.The High Court passed an order, dated 13.03.2013, holding that the earlier

decision will have to be construed as a decision in rem but subject to the rider

that all the pending applications ought to be considered in accordance with the

amendment made vide Notification dated 28.01.2011 to Rule 4 and 7,

“(i) That the respondent State shall undertake the exercise of delineating,

demarcating and specifying all the mining areas available for the

Sandstone and Masonry Stone within a period of six months as undertaken by

the learned Addl. Advocate Generals, on behalf of the State.

(ii) Thereafter, the State Government will re-notify such delineated areas for

grant of mining leases for sandstone and masonry stone, as the case may be,

with the stipulation & condition that payment of Royalty and dead rent

applicable for the sandstone in case sandstone is also found available in the

mining lease granted for masonry stone.

(iii) That all the applications hitherto filed for such mining leases shall be

treated as revived and with further applications, which may now be filed upon

such re-notification of delineated areas available for grant of mining leases for

sandstone and masonry stone. The earlier applicants will be at liberty to

withdraw their earlier applications & file fresh applications also in pursuance

of such renotification.

(iv) That as per the submission of State Government vide para 10 (viii) above

that State has not taken any action in pursuance of the impugned orders so far,

it is directed that no mining leases for sandstone & masonry stone will be

granted in pursuance of the impugned orders Annex.11 dated 16/11/2011 and

Annex.13 dated 28/11/2011 till all such applications are decided as per the

directions given in this judgment.

(v) That all the applications will be decided within one year from today in

accordance with the amended Rule 7(3) of the MMCR, 1986 on the basis of

lottery or by way of auction, as may be considered appropriate by the State

Government but not on the basis of ‘first come first served’ principle.”

13.As in the case of the first round of litigation, in the second round also the orders

passed were not put into challenge and therefore both became final. Suffice it is

to note that the High Court did not grant the relief to the petitioners by directing

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the Appellants to adopt first-come first-serve basis for the grant of a mining

lease, but only as per the amended rule.

14.Taking a cue from the orders passed, a further Notification was issued on

03.04.2013 introducing the impugned amendments. As stated, all the

applications were declared as rejected while facilitating grant of 50% of the

leases through auction except for categories mentioned thereunder as entitled

for preference. By the impugned orders, the Division Bench of the High Court

declared the amendments as illegal on three primary grounds, namely; the

applicants have not been heard, and their applications ought to be revived in

view of the earlier orders passed by the Court on the principle of legitimate

expectation and rights having vested in them.

SUBMISSION OF THE APPELLANTS:

15.Dr. Singhvi, learned Senior Advocate appearing for the Appellants, submitted

that the earlier decisions of the High Court pertain to minor minerals and

sandstone alone and that too with specific reference to four districts. The High

Court, in the impugned order did not take note of this fact but struck down the

Rules in toto meant to be applied for all the minor minerals. The earlier

decisions of the High Court were duly complied with, and therefore the finding

to the contrary is factually incorrect. There is no preferential right available to

claim it as vested. The Respondents cannot have a fundamental right in mining.

The High Court is wrong in going into the principles governing Legitimate

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Expectation and Natural Justice in a case involving amendments by way of

introduction of new Rules through the process of substitution. He further goes

on to state that the impugned orders are liable to be set aside as they would

stand in the way of the new amended Rules being given effect to, meant for all

the minor minerals in the State.

SUBMISSION OF THE RESPONDENTS:

16.Ms. Shobha Gupta, learned Advocate-on-Record, & Ms. Ankita Gupta, learned

Advocate appearing for the Respondents, submitted that the High Court was

right in holding that the impugned amendments are nothing but an attempt to

overreach the earlier decision of the Court. There is no justification for keeping

the applications pending for decades. Had the applications been considered

earlier, leases would have been granted. The areas sought for mining by the

Respondents are not very huge in extent and therefore their applications ought

to be considered under the then relevant rules in existence. There is malice in

law through the introduction of the impugned rules.

DISCUSSION:

Vested Right

17.It is far too settled that there is no right vested over an application made which

is pending seeking lease of a Government land or over the minerals beneath the

soil in any type of land over which the Government has a vested right and

regulatory control. In other words, a mere filing of an application ipso facto

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does not create any right. The power of the Government to amend, being an

independent one, pending applications do not come in the way. For a right to be

vested there has to be a statutory recognition. Such a right has to accrue and any

decision will have to create the resultant injury. When a decision is taken by a

competent authority in public interest by evolving a better process such as

auction, a right, if any, to an applicant seeking lease over a Government land

evaporates on its own. An applicant cannot have an exclusive right in seeking a

grant of license of a mineral unless facilitated accordingly by a statute. State of

Tamil Nadu v. Hind Stone & Others, (1981) 2 SCC 205 : -

“13. Another submission of the learned counsel in connection with the

consideration of applications for renewal was that applications made sixty days

or more before the date of G.O.Ms No. 1312 (December 2, 1977) should be

dealt with as if Rule 8-C had not come into force. It was also contended that

even applications for grant of leases made long before the date of G.O.Ms No.

1312 should be dealt with as if Rule 8-C had not come into force. The

submission was that it was not open to the government to keep applications for

the grant of leases and applications for renewal pending for a long time and

then to reject them on the basis of Rule 8-C notwithstanding the fact that the

applications had been made long prior to the date on which Rule 8-C came into

force. While it is true that such applications should be dealt with within a

reasonable time, it cannot on that account be said that the right to have an

application disposed of in a reasonable time clothes an applicant for a lease

with a right to have the application disposed of on the basis of the rules in

force at the time of the making of the application. No one has a vested

right to the grant or renewal of a lease and none can claim a vested right to

have an application for the grant or renewal of a lease dealt with in a

particular way, by applying particular provisions. In the absence of any

vested rights in anyone, an application for a lease has necessarily to be

dealt with according to the rules in force on the date of the disposal of the

application despite the fact that there is a long delay since the making of

the application. We are, therefore, unable to accept the submission of the

learned counsel that applications for the grant of renewal of leases made

long prior to the date of G.O.Ms No. 1312 should be dealt with as if Rule 8-

C did not exist.”

(emphasis supplied)

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Fundamental Right

18.The question of applicants not having fundamental right in mining is no longer

res integra, Monnet Ispat & Energy Ltd. v. Union of India, (2012) 11 SCC 1 may

shed some light,

“No fundamental right in mining

133. The appellants have applied for mining leases in a land belonging to

the Government of Jharkhand (erstwhile Bihar) and it is for iron ore which is a

mineral included in Schedule I to the 1957 Act in respect of which no mining

lease can be granted without the prior approval of the Central Government. It

goes without saying that no person can claim any right in any land

belonging to the Government or in any mines in any land belonging to the

Government except under the 1957 Act and the 1960 Rules. No person has

any fundamental right to claim that he should be granted mining lease or

prospecting licence or permitted reconnaissance operation in any land

belonging to the Government. It is apt to quote the following statement of

O. Chinnappa Reddy, J. in Hind Stone [(1981) 2 SCC 205] (SCC p. 213,

para 6) albeit in the context of minor mineral,

“ 6. … The public interest which induced Parliament to make the

declaration contained in Section 2 … has naturally to be the

paramount consideration in all matters concerning the regulation of

mines and the development of minerals”.

He went on to say: ( Hind Stone case [(1981) 2 SCC 205] , SCC p. 217,

para 10)

“ 10 . … The statute with which we are concerned, the Mines and

Minerals (Development and Regulation) Act, is aimed … at the

conservation and the prudent and discriminating exploitation of

minerals. Surely, in the case of a scarce mineral, to permit exploitation

by the State or its agency and to prohibit exploitation by private

agencies is the most effective method of conservation and prudent

exploitation. If you want to conserve for the future, you must prohibit

in the present.”

(emphasis supplied)

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Legitimate Expectation

19.Legitimate expectation is a weak and sober right as ordained by a statute. When

the Government decides to introduce fair play by way of auction facilitating all

eligible persons to contest on equal terms, certainly one cannot contend that he

is entitled for a lease merely on the basis of a pending application. The right

being not legal, apart from being non-existent, it can certainly not be

enforceable. The principle of law on these aspects, as settled decades ago in

State of T.N. v. Hind Stone (1981) 2 SCC 205, is being reiterated from time to

time. Monnet Ispat & Energy Ltd. (supra) : -

“Principles of legitimate expectation

183. As there are parallels between the doctrines of promissory estoppel

and legitimate expectation because both these doctrines are founded on the

concept of fairness and arise out of natural justice, it is appropriate that

the principles of legitimate expectation are also noticed here only to

appreciate the case of the appellants founded on the basis of the doctrines

of promissory estoppel and legitimate expectation.

xxx xxx xxx

188. It is not necessary to multiply the decisions of this Court. Suffice it to

observe that the following principles in relation to the doctrine of legitimate

expectation are now well established:

xxx xxx xxx

188.3. Where the decision of an authority is founded in public interest as

per executive policy or law, the court would be reluctant to interfere with

such decision by invoking the doctrine of legitimate expectation. The

legitimate expectation doctrine cannot be invoked to fetter changes in

administrative policy if it is in the public interest to do so.

188.4. The legitimate expectation is different from anticipation and an

anticipation cannot amount to an assertable expectation. Such expectation

should be justifiable, legitimate and protectable.

188.5. The protection of legitimate expectation does not require the

fulfilment of the expectation where an overriding public interest requires

otherwise. In other words, personal benefit must give way to public

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interest and the doctrine of legitimate expectation would not be invoked

which could block public interest for private benefit.”

(emphasis supplied)

20.Kerala State Beverages (M AND M) Corporation Limited v. P.P. Suresh,

(2019) 9 SCC 710 : -

“B. Legitimate expectation

14. The main argument on behalf of the respondents was that the Government

was bound by its promise and could not have resiled from it. They had an

indefeasible legitimate expectation of continued employment, stemming from

the Government Order dated 20-2-2002 which could not have been withdrawn.

It was further submitted on behalf of the respondents that they were not given

an opportunity before the benefit that was promised, was taken away. To

appreciate this contention of the respondents, it is necessary to understand the

concept of legitimate expectation.

15. The principle of legitimate expectation has been recognised by this Court in

Union of India v. Hindustan Development Corpn. [(1993) 3 SCC 499] If the

promise made by an authority is clear, unequivocal and unambiguous, a person

can claim that the authority in all fairness should not act contrary to the

promise.

16. M. Jagannadha Rao, J. elaborately elucidated on legitimate

expectation in Punjab Communications Ltd. v. Union of India [(1999) 4

SCC 727] . He referred (at SCC pp. 741-42, para 27) to the judgment in

Council of Civil Service Unions v. Minister for the Civil Service [1985 AC

374 : (1984) 3 WLR 1174 : (1984) 3 All ER 935 (HL)] in which Lord

Diplock had observed that for a legitimate expectation to arise, the

decisions of the administrative authority must affect the person by

depriving him of some benefit or advantage which,

“ 27 . … ( i ) he had in the past been permitted by the decision-maker to

enjoy and which he can legitimately expect to be permitted to continue to

do until there have been communicated to him some rational grounds for

withdrawing it on which he has been given an opportunity to comment; or

( ii ) he has received assurance from the decision-maker that they will not

be withdrawn without giving him first an opportunity of advancing

reasons for contending that they should not be withdrawn.” (AC p. 408)”

17. Rao, J. observed in this case, that the procedural part of legitimate

expectation relates to a representation that a hearing or other appropriate

procedure will be afforded before the decision is made. The substantive part of

the principle is that if a representation is made that a benefit of a substantive

nature will be granted or if the person is already in receipt of the benefit, that it

will be continued and not be substantially varied, then the same could be

enforced.

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18. It has been held by R.V. Raveendran, J. in Ram Pravesh Singh v. State

of Bihar [(2006) 8 SCC 381 : 2006 SCC (L&S) 1986] that legitimate

expectation is not a legal right. Not being a right, it is not enforceable as

such. It may entitle an expectant: (SCC p. 391, para 15)

“(a) to an opportunity to show cause before the expectation is dashed; or

(b) to an explanation as to the cause for denial. In appropriate cases, the

courts may grant a direction requiring the authority to follow the promised

procedure or established practice.”

Substantive Legitimate Expectation

19. An expectation entertained by a person may not be found to be

legitimate due to the existence of some countervailing consideration of

policy or law. [ H.W.R. Wade & C.F. Forsyth, Administrative Law

(Eleventh Edn., Oxford University Press, 2014).] Administrative policies

may change with changing circumstances, including changes in the

political complexion of Governments. The liberty to make such changes is

something that is inherent in our constitutional form of Government.

[ Hughes v. Department of Health and Social Security , 1985 AC 776, 788 :

(1985) 2 WLR 866 (HL)]

20. The decision-makers' freedom to change the policy in public interest

cannot be fettered by applying the principle of substantive legitimate

expectation. [ Findlay, In re , 1985 AC 318 : (1984) 3 WLR 1159 : (1984) 3

All ER 801 (HL)] So long as the Government does not act in an arbitrary

or in an unreasonable manner, the change in policy does not call for

interference by judicial review on the ground of a legitimate expectation of

an individual or a group of individuals being defeated.”

(emphasis supplied)

Legal Malice

21.Though it is contended by the learned Advocates appearing for the Respondents

that the impugned Rules have been brought forth only to nullify the effect of the

judgments, as discussed, we do not think so. The Appellants have duly

complied with the orders passed. Even otherwise, law is quite settled that basis

of a judgment can be removed and a decision of the court cannot be treated like

a statute, particularly when power is available to act and it is accordingly

exercised in public interest. In such view of the matter, we do not find any legal

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malice in the amendments. We wish to quote Kalabharati Advertising v.

Hemant Vimalnath Narichania, (2010) 9 SCC 437,

“Legal malice

25. The State is under obligation to act fairly without ill will or malice— in fact

or in law. “Legal malice” or “malice in law” means something done without

lawful excuse. It is an act done wrongfully and wilfully without reasonable or

probable cause, and not necessarily an act done from ill feeling and spite. It is a

deliberate act in disregard to the rights of others. Where malice is attributed to

the State, it can never be a case of personal ill will or spite on the part of the

State. It is an act which is taken with an oblique or indirect object. It means

exercise of statutory power for “purposes foreign to those for which it is in law

intended”. It means conscious violation of the law to the prejudice of another, a

depraved inclination on the part of the authority to disregard the rights of

others, which intent is manifested by its injurious acts. (Vide ADM,

Jabalpur v. Shivakant Shukla [(1976) 2 SCC 521 : AIR 1976 SC 1207] , S.R.

Venkataraman v. Union of India [(1979) 2 SCC 491 : 1979 SCC (L&S) 216 :

AIR 1979 SC 49] , State of A.P. v. Goverdhanlal Pitti [(2003) 4 SCC 739 : AIR

2003 SC 1941] , BPL Ltd. v. S.P. Gururaja [(2003) 8 SCC 567] and W.B.

SEB v. Dilip Kumar Ray [(2007) 14 SCC 568 : (2009) 1 SCC (L&S) 860] .)”

IMPUGNED JUDGMENTS:

22.In any case, the decisions of the High Court rendered earlier do not stand in the

way of the impugned amendments. They were with respect to sandstone alone,

while in the impugned judgment the High Court applied it to all the minor

minerals. In the decision rendered by the High Court dated 13.03.2013 all the

applications were directed to be considered as per the amended Rules. In fact,

the reasoning of the High Court in the impugned order is contrary to the earlier

order passed. The impugned Rules have been introduced in exercise of the

power conferred under Section 15 of the 1957 Act. As held by this Court in the

decisions referred supra, there is neither a right nor it gets vested through an

application made over a Government land. Law does not facilitate hearing the

parties in bringing an amendment by an authority competent to do so. The High

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Court, in our considered view, has totally misconstrued the issues ignoring the

fact that there is a delegation of power to the first appellant which was rightly

exercised as conferred under Section 15 of the 1957 Act.

23.For the foregoing reasons, we have no hesitation in setting aside the impugned

judgments and we do so. Accordingly, all these appeals stand allowed.

Consequently, pending application(s), if any, also stand(s) disposed of. No

costs.

.……………………….J.

(A.S. BOPANNA)

.……………………….J.

(M. M. SUNDRESH)

New Delhi;

August 01, 2023

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