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 available.

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 Section 4A(4) of the MMDR Act would commence only after receipt of Environmental Clearance (EC). Further, the petitioner has also sought relief that Rule 20(3) of the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016 (for short, ‘the Rules of 2016’), as it stood prior to its substitution with effect from 1-11-2021, be declared as ultra vires to Section 4A(4) of the MMDR Act and alternatively, the period of 3 months stipulated in the pre- substituted Rule 20(3) be declared as directory and not mandatory in nature.

3. The aforesaid reliefs have been sought on the following factual backdrop: (Lead Case WPC 4817/2022)

4. The petitioner’s predecessor-in-interest M/s. Monnet Ispat and Energy Limited, on 22-1-2007, made an application for grant of mining lease for limestone at Villages Gaitra, Pausri, Bharsela & Bharseli, Tehsil Balodabazaar, District Raipur. Accordingly, the State of Chhattisgarh, on 3-11- 2009 vide Annexure P-1, issued a letter of intent (LOI) for mining limestone for captive use (cement plant) in favour of M/s. Monnet Ispat and Energy Limited for a period of 30 years and as per clause 4 of the LOI, mining operations were to be carried out only after obtaining EC. On 12-1-2015, the Parliament has amended the MMDR Act vide the MMDR Amendment Act, 2015 inter alia introducing addition of Section 10A(2)(c) protecting rights of the leaseholders. Section 24 of the MMDR Amendment Act, 2015 provides power of the Central Government to remove difficulties arising in giving effect to the provisions of the MMDR Amendment Act, 2015. Accordingly, on 18-8-2015, an application seeking EC was made by M/s. Monnet Ispat and Energy Limited under the terms of EIA (Environmental Impact Assessment) Notification dated 14-9-2006 under the Environment (Protection) Act, 1986. The Central Government on 4-1-2017 issued the Order of 2017 clarif