Point of Law : Principles of natural justice which is the “useless formality” theory is squarely applicable in as much as, on the admitted or indisputable facts the authorities could have come only to one conclusion i.e. sans a renewal contract the contract agreement.

JUDGMENT :

Heard Mr. B.K. Mahajan, the learned counsel appearing on behalf of the Petitioners and Mr. K.P. Pathak, the learned counsel appearing on behalf of the Respondent Nos.2, 3 & 4. Ms. S. Sharma, the learned counsel appears for the Respondent No.1. On account of the order which this Court proposes to pass herein, the presence of the Respondent No.5 is not required.

2. Taking into account the similarity of the facts and the parties involved, both the writ petitions are taken up for disposal at the Motion stage.

WP(C) 919/2022

3. The Petitioner was settled with the sand Mining Unit namely Chiri River Minor Mineral (Sand) Unit-2 situated in the district of Cachar for a period of 7 (seven) years. Pursuant to the intimation being given to the Petitioner, he submitted his Mining Plan before the State Environmental Impact Assessment Authority. On 28.07.2014, the State Environmental Impact Assessment Authority granted the Environmental Clearance for collection of sand from Chiri River Mining Contract area Unit-II located in Chiri River bed near village-Joypur, Kamranga, Dikcha etc. P.O.-Poilapool, P.S. Lakhipur under Jirighat Forest Range of Cachar Forest Division, Silchar, Assam in favour of the Petitioner. It may be relevant to take note of that the area for which the Petitioner was granted falls in the Geo-co-ordinates –

The said Environmental Clearance as was issued on 28.07.2014 for a period of 5 years from the date of issue of the said order meaning thereby that the said Environmental Clearance was effective till 27.07.2019.

4. Thereupon on 22.08.2014 the Final Settlement order was issued by the Divisional Forest Officer, Cachar Division, Silchar and a perusal thereof would reveal that this said Final Settlement order was issued after taking into consideration the clearance received for five years from the State Environmental Impact Assessment Authority favouring the Petitioner, for a period of seven years, for an amount of Rs.97,96,500/-and for a quantity of 31,500.0m3 of sand. The details of the payments how to be made was duly reflected in the said Final Settlement order.

5. At this stage it may be relevant herein to mention that the Assam Minor Mineral Concession Rules 2013 is applicable in respect to such settlement being made and the same has the force of law as the said Rules (hereinafter referred to as ‘the Rules 2013’) were made in exercise of the powers under Sub-Section (1) of Section 15 and Section 23 C of the Mines and Mineral (Development and Regulation) Act, 1957. Rule 18(1) stipulates that the minor mineral deposits, where the competent authority decides to grant the mineral concession in respect of such area in the form of a contract, may be granted on mining contract, subject to Rule 5 for a specified annual quantity (or parts thereof) of minor mineral for a period ordinarily not less than seven years but not exceeding ten years following a competitive bidding process as prescribed under Chapter-6 of the Rules of 2013. Sub-Rule (3) of Rule 18 stipulates that the mining contract deed shall be executed by the successful bidder with the competent authority in the prescribed Form MC-1 and in terms of Sub-Rule (4) of Rule 18 that the other terms and conditions of the contract shall be in accordance with provisions as contained in Chapter-7. Rule 19 stipulates the power of the competent authority to grant renewal of mining contracts. Sub-Rule (1) of Rule 19 stipulates that the contractor shall submit an application to the competent authority for renewal of the mining contract 18 months prior to the date of expiry of the contract period in the prescribed Form MC-2 containing complete details of the mineral excavated, royalty paid, mineral reserves available, details of explorations undertaken, if any