1979 INSC 0289
                                                 Shri Nand Lal Jain

                                                           Vs

                                                    State of Bihar

                                          Civil Appeal No. 2047 of 1979

                      (Y.V. Chandrachud, Syed M. Fazal Ali, E.S. Venkataramiah JJ)

                                                      23.07.1979

                                                        ORDER

1. Heard counsel. Special leave granted.

2. The question in this appeal is whether the mining lease in respect of fire-clay which was granted
to the appellant should have been renewed or not. The Central Government declined to entertain the
appellant's application for renewal of the lease on the ground that the application was not made
within the time stipulated by law. It, however, appears from the order dated June 7, 1974 passed by
the Central Government in another case [No. MV-1 (556)/78], that, in appropriate cases, the Central
Government has the power to condone the delay caused in applying for renewal of the licence. If
that be so, we do not appreciate for what special reasons the delay in the instant case could not be
condoned by the Central Government.

3. Accordingly, we set aside the order dated July 17, 1978 of the Central Government and direct that
it will dispose of the application of the appellant for renewal of the lease on merits, keeping in mind
the relevant provisions of law which govern the renewal of leases. By issuing this direction, we
should not be understood as asking the Central Government to grant the renewal. It would be
entitled to consider every relevant aspect of the matter, including the circumstances arising out of
the delay caused in making the application for renewal. All that we ask not to be done is that the
application will not be thrown out on the ground of delay alone.

4. Accordingly, the appeal is allowed with no order as to costs.

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