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2019 Supreme(Pat) 1778
IN THE HIGH COURT OF PATNA
Sanjay Priya, J.
DEHRI ON SONE LABOURERS COOPERATIVE SOCIETY LTD. - Appellant
Vs.
UNION OF INDIA - Respondent
Civil Writ Jurisdiction Case No. 16000 of 2016
Decided On : 20-08-2019
Dhananjay Kumar, Adv., Naresh Dikshit, Adv., Sumit Shekhar Pandey, Adv., Kaushal Kr. Jha, Adv.
Headnote:
Mines and Minerals (Development and Regulation) Act, 1957 – Section 3(e) – Mines and Minerals (Development and Regulation) Amendment Act, 2015 – Sections 8A (3) and 15(4) – Bihar Minor Mineral Concession Rules, 1972 – Declaration of Silica Sand as minor mineral – As per Gazette Notification S.O.423(E) dated 10.2.2015 “Silica Sand” did not remain in category of major mineral – Central Government has notified the same under category of Minor Minerals – -Silica Sand after amendment in the Act, has come in category of minor mineral and thus will be governed like other minor minerals under Provisions of Bihar Minor Mineral Concession Rules, 1972 – Documents as required by authority were not produced by petitioner – Petitioner also did not produce Environmental Clearance Certificate – Mines Commissioner has mentioned in order that petitioner has merely filed renewal application but he was not serious for renewal – No illegality in impugned order passed by Mines Commissioner by which renewal application filed by petitioner has been rejected – Writ petition dismissed. (Paras 33, 43, 44 and 45)
JUDGMENT/ORDER :
Sanjay Priya, J.
The petitioner seeks relief of this Hon'ble Court for issuance of appropriate writ/writs and direction for the following reliefs:
(I) To issue rule in the nature of Mandamus commanding the respondents to declare the Gazette Notification dated 10.02.2015 issued by the Additional Secretary, Ministry of Mines, Union of India, ineffective and inoperative in case of the petitioner, whereby and where under Silica Sand has been declared and added as Minor Minerals along with other minerals.
(ii) To command the respondents not to interfere with the Lease of Major Sand (Silica) granted as per Law, much before and the said Lease has been extended for further fifty years without any impediment vide Gazette Notification No. 10 of 2015 dated 16th March, 2015 which is made effective w.e.f. 12th January, 2015.
2. Heard Mr. Dhananjay Kumar, learned counsel for the petitioner, Mr. Naresh Dikshit, Spl. P.P. Mines and Mr. Kaushal Kr. Jha, AAG-8 for the State.
3. Counsel for the petitioner submits that petitioner's company is a Society known as M/s. Dehri-On-Sone Labourers Cooperative Society Ltd. registered under Societies Registration Act. The petitioner applied for grant of licence of sand through the Mines Department of the State Government under the provisions of Mines and Minerals (Development and Regulation) Act, 1957 and its Rules, 1960. The lease of sand (Major Mineral) for the period w.e.f. 14.3.1994 to 13.3.2014, has been granted to the petitioner by the Mines Department of the State of Bihar. The lease agreement of the petitioner was executed on 14.3.1994 for the period noted above by the State Government. The said lease of sand was taken for the purpose of using it in making glass Ceramic and potteries in the industry of the Society and other industries in the State or other State which manufacture all those things.
4. Counsel for the petitioner submits that from perusal of lease, it is quite clear that the sand for which the lease granted was to be used in manufacturing of glass Ceramic and potteries, etc. in which mainly Silica Sand is used.
5. As a matter of fact, before expiry of period of said lease, the petitioner applied with requisite fee and papers on 12.3.2013 well within the period prescribed for renewal of licence which was going to expire one year after i.e. in the year 2014. The application for renewal of Major Mineral (Silica Sand/Sands) was pending before Department of Mines and Minerals of the State of Bihar.
6. In the meantime, Gazette Notification S.O.423(E) dated 10th February, 2015 has been issued by the Central Government by which the Silica Sand has been brought under the category of Minor Minerals. Photocopy of said Gazette Notification dated 10.2.2015 has been enclosed as Annexure-3 to the writ application.
7. Counsel for the petitioner further submits that after sometime, another Gazette Notification has been issued by Ministry of Law and Justice of Central Government, on 27.3.2015, in which Mines and Minerals (Development and Regulation) Amendment Act, 2015 has been published on 27.03.2015 which has been made effective w.e.f. 12.01.2015.
8. In terms of Provisions of Section 8A(1)(3) all mining leases granted before commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 shall be described to have been granted for a period of fifty years. Photocopy of aforesaid Gazette Notification has been enclosed as Annexure-4.
9. Counsel for the petitioner further submits that in the earlier Gazette Notification dated 10.2.2015 (Annexure-3), the Silica Sand which, was used as Major Minerals for the purpose of manufacturing Sodium Silicate, Ceramic and potteries glass has been placed under the category of minor minerals (general sand) under the Provisions of Section 3 (e) of the Act. The Silica Sand is used mainly in Industries of manufacturing glass, potteries, moulding, sodium Silicate, Quartz etc., for which, licence is granted by the Mines and Minerals, Department
