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Supreme Court of India 2023-08-01 allowed

THE STATE OF RAJASTHAN & ORS vs SHARWAN KUMAR KUMAWAT ETC. ETC

Bench: 2 — A.S. Bopanna, M. M. Sundresh

In Brief

The State of Rajasthan sought to overturn a High Court decision striking down amended mining rules (Rajasthan Minor Mineral Concession Rules, 1986) that changed allocation from first-come first-serve to an auction-based system with reserved categories. The Supreme Court held that applicants have no vested right to the grant or renewal of a mining lease, nor can they claim a right to have applications processed under the rules existing at the time of filing. The doctrine of legitimate expectation cannot override government policy changes made in public interest. The earlier High Court order concerned only sandstone in four districts; extending it to all minor minerals statewide was erroneous. The government's power to amend rules is independent and unimpeded by pending applications. All appeals were allowed and the High Court's judgment setting aside the amendments was overturned.

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Mines and Minerals Law Administrative Law Vested Rights Legitimate Expectation Rule-Making Power Public Interest Judicial Review Mining Leases

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