The Hon’ble Allahabad High Court recently passed a judgment in the case of M/S Manali Vintrade Private Limited v/s the State of U.P. and 3 others which states that the right to extension of lease either flows from a statutory provision or from the terms of the lease between the parties concerned.
This case involved the Petitioner who had applied for a license/permit for mining, but faced challenges related to environmental clearance. The petitioner argued that he was unable to work due to intervening litigation initiated by Dileep Singh in the National Green Tribunal, which hindered his mining work and caused financial losses. The petitioner sought an extension of the permit to make up for the lost time.
The Hon’ble Court, however, held that the Petitioner’s permit to mine could not be extended, as there was no statutory provision for extension and the terms of the lease did not provide for any consequences thereof. The court further stated that if there has been an obstructed period due to a judicial interdict, that itself will not give window to extend the lease by not following the statutory provisions or the terms of the lease.

Author of this article:
Adv. Ravish Bhatt,
Partner, R&D Law Chambers,
Dual Qualified Lawyer Solicitor | International Tax Affiliate

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