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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY S.AGRAWAL
Bajrang Power and Ispat Limited – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. questioning legality of demand for compensation. (Para 1 , 2) |
| 2. parties arguing over consent and authority in demand notice. (Para 3 , 4 , 5) |
| 3. court's analysis of mining lease conditions and approval. (Para 6 , 10 , 11 , 12 , 13 , 14) |
| 4. principles regarding state authority and central oversight. (Para 15 , 16 , 17 , 18) |
| 5. petition dismissed for lack of merit. (Para 19) |
ORDER :
1. By virtue of this petition, the petitioner is questioning the legality and propriety of the order dated 13.07.2020 passed by respondent No.1- Secretary, Department of Mineral Resources, State of Chhattisgarh and, the letter dated 31.07.2020 issued by the Collector, District Kanker, respondent No.3 herein and, also the demand notice, dated 20.09.2019 issued by the Divisional Forest Officer, East Bhanupratappur, Forest Division, Kanker, respondent No.5 herein, whereby, the petitioner-M/s Shri Bajrang Power and Ispat Limited, a Company duly incorporated under the Companies Act, 1956 (hereinafter referred to as ‘the petitioner-company’), was directed to deposit a sum of Rs.68,28,480/- (Rs. Sixty Eight Lacs Twenty Eight Thousand Four Hundred Eighty only) towards compensation on pro rata basis
The court ruled that additional conditions in mining lease agreements can be imposed without central government approval, as they pertain to third-party claims and do not conflict with the interests ....
Point of Law : MMDR Act, 1957, though takes away power of State to make laws under Entry 23 of List II, by S.15 of MMDR Act, power to regulate quarry leases, mining leases or other mineral concession....
The court ruled that a recommendation by the State does not constitute a vested right or letter of intent under the MMDR Act, and the amended provisions apply prospectively.
Point of law: State Government have not so far issued any notification in terms of Section 17A, the Industrial Policy–2007 of the Kerala State Government does not have the effect of making a valid re....
The Mines Tribunal has the authority to determine lease terms for mining operations under statutory provisions, affirming that statutory leases are bound by the same conditions as contractual ones, i....
The court found that a petitioner lacks standing to challenge mining lease rejections when the applicant's prior applications have become ineligible under the amended MMDR Act.
Point of law: Right to clean environment is a guaranteed fundamental right. Various courts, particularly the superior courts in India are vested with wide powers, especially in terms of Articles 32 a....
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