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AMRESHWAR PRATAP SAHI, ANJANA MISHRA
Surajdev Singh @ Suraj Baba S/o Shri Mahendra Singh – Appellant
Versus
State of Bihar, through its Principal Secretary, Mines and Geology – Respondent
JUDGMENT :
1. This intra court appeal is about the dispute of mining rights of stone quarries stated to have been settled through an auction on 30th December, 2008 and is confined to the claim in respect of two quarries, one over Block No. 1 and the other over Block No. 2 of Plot No. 789 of Mauza Bodha Chak, District-Gaya. The settlement was concluded through auction under the Bihar Minor Mineral Concession Rules, 1972 (hereinafter referred to as “the 1972 Rules”). Two lease deeds dated 14th of May, 2009 were executed between the appellant and the Collector of District-Gaya for a period of five years, with effect from 26.05.2009. Apart from the security deposit, Block No. 1 was settled on a royalty of Rs. 1.55 crore and Block No. 2 was settled for Rs. 25.55 lacs.
2. The appellant complains of not having been allowed to commence mining operations in respect of the aforesaid two Blocks due to non-demarcation of the settled area, which, according to the appellant, took place on 8th September, 2011 for the first time. Thus, the first complaint is of not allowing the appellant to quarry the stones as per the terms of the agreement, which was delayed for more than two years from 26.05.2009
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
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