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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, SACHIN SINGH RAJPUT
JSW Steel Limited – Appellant
Versus
Union of India, Through its Secretary, Ministry of Mines, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi – Respondent
ORDER :
Sanjay K. Agrawal, J.
1. Since common question of law and fact is involved in both the writ petitions, they have been clubbed together, heard together and are being disposed of by this common order.
2. The petitioner herein has filed these writ petitions under Article 226/227 of the Constitution of India seeking relief that the notice dated 20-9-2022 (Annexure P-16) issued by respondent No.3 be quashed and further sought appropriate writ or direction declaring that the consequence of lapsing provision under Section 4A(4) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, ‘the MMDR Act’) would not be applicable to them where the non- commencement or discontinuance of mining operations is for reasons beyond the control of the lessee including circumstances where the non- commencement or discontinuance is on account of pendency of grant of statutory clearances, and also sought relief to issue an appropriate writ, order or direction declaring that in respect of mining leases executed pursuant to the Mines and Minerals (Development and Regulation) Removal of Difficulties Order, 2017 (for short, ‘the Order of 2017’), the period of two years prescribed under
No lapsing of a mining lease occurs where operations are statutorily restrained until requisite environmental clearances are obtained, making provisions inapplicable until such clearances are availab....
The State Government's order revising the commencement date of renewal of the mining lease was illegal, absurd, and a colourable exercise of power by the State violating the Petitioners' rights under....
The court established that the statutory provisions of the MMDR Act limit the duration of mining leases to 50 years, and acceptance of lease terms precludes claims for additional time based on interr....
Mining Lease approvals were revoked due to the petitioners' failure to comply with statutory requirements, rendering prior approvals void.
Failure of lessee - Rule 29 of rules provide for payments to be made under said rules – Rule 29 lays down conditions subject to which quarrying leases are to be granted.
The main legal point established in the judgment is the requirement for reasoned decisions based on relevant facts, the importance of providing an opportunity of personal hearing, and the need to rec....
The main legal point established in the judgment is the interpretation and harmonious construction of the Mines and Minerals (Development and Regulation) Act, 1957, and the Kerala Minor Mineral Conce....
The principle of harmonious construction was applied to reconcile conflicting provisions of the Mines and Minerals Act, 1957 and the Rules of 2016, ensuring that no provision was rendered ineffective....
The court affirmed that the dies-non period for a mining lease is calculated from the date of registration, and failure to obtain necessary clearances precludes the lessee from claiming benefits.
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