Bhartiya Construction (M/s. ) Banswada v. State of M. P.
2023-02-23
D.Y.CHANDRACHUD, J.B.PARDIWALA, PAMIDIGHANTAM SRI NARASIMHA
body2023
DigiLaw.ai
ORDER 1. Leave granted. 2. While issuing notice on 21 November 2022, the submissions which were urged on behalf of the appellant were summarized in paragraphs 1 and 2 of the order, which read as follows: “1 Mr P S Patwalia, senior counsel appearing on behalf of the petitioner, submits that though the appeal which was filed by the petitioner under the provisions of the Madhya Pradesh Minor Minerals Rules 1996 is liable to be transferred under the repeal and savings provisions of Rule 31 of the Rules of 2022, the requirement of predeposit contained in the third proviso to Rule 27(1) will have no application. 2. The senior counsel further submits that when the appeal was filed under the old Rules, there was no requirement of pre-deposit and such a condition has been brought into effect for the first time when the new Rules of 2022 have been issued.” 3. On 12 December 2022, this Court stayed the requirement of pre-deposit of 10% under the Madhya Pradesh Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules 2022. 4. The appeal in the present case was filed on 12 November 2019. The new Rules of 2022 came into force on 19 July 2022. In the circumstances, the appeal which has been instituted by the appellant shall be disposed of without insisting on the requirement of pre-deposit of 10%. The orders of the High Court dated 7 September 2022 and 28 September 2022 shall accordingly stand set aside and be substituted by the above directions. 5. The appeals are accordingly disposed of. 6. Pending application, if any, stands disposed of.