"6. Having heard the learned Counsel for the petitioner, learned Additional Government Advocate and on perusing the petition papers, this Court finds that even if Rule 9 of the Rules, 1969 stood amended w.e.f., from 25.04.2005, nevertheless, the conferment of permanent grant in terms of sub-rule (1) of Rule 23 where earlier temporary leases were granted, Rule 9 of the Rules, 1969, cannot be read into Rule 23. Rule 9 pertains to the grants made under the provisions of the Rules, 1969. A separate provision has been made in Rule 23 in respect of the temporary lease granted prior to the commencement of the Rules, 1969. A bare reading of the said provision would make it clear that after expiry of the period and having regard to the fact that all the other conditions have been fulfilled by the grantee, the Deputy Commissioner is empowered to fix the price and grant the land permanently. The Deputy Commissioner is therefore required to grant the land in accordance with the Rules under which the lands were earlier leased. Therefore, it would be impermissible for the Deputy Commissioner to invoke Rule 9 of the Rules, 1969, to once again impose a condition of non-alienation for twenty-five years in terms of Rule 9.
